Azwiteit Awelani Mphaphuli v Matthews Ramotshela N.O and Others

The applicant was employed by Exxaro Coal as Head of Production: Coal Beneficiation, a senior management position. On 21 November 2016, he was randomly selected for an alcohol breathalyser test when reporting for duty. He tested positive for alcohol but proceeded to drive into the mine premises without waiting for the results and ignored attempts by security officers to stop him. He also avoided a follow-up test by switching off his cell phones and could not be located for several hours. He was charged with contravening Exxaro’s Zero Tolerance Safety Policy and relevant mine safety legislation. He pleaded guilty to the alcohol-related charge at the disciplinary enquiry and was dismissed. A CCMA commissioner found the dismissal substantively fair. The applicant then brought a review application to the Labour Court under section 145 of the Labour Relations Act.

The review application was dismissed and the CCMA arbitration award confirming the substantive fairness of the applicant’s dismissal was upheld.

The case reinforces the strict application of zero tolerance safety policies in the mining industry and confirms that testing positive for alcohol and avoiding further testing can justify dismissal, even without proof of actual intoxication. It underscores the deference courts give to commissioners’ decisions where they are reasonable and affirms the importance of workplace safety obligations under mine health and safety legislation.