Triton Express (Pty) Limited v NTM and Others

Mr Cliff Baloyi was employed by Triton Express (Pty) Ltd as a general worker. On 28 January 2019, two managers detected the smell of alcohol on his breath while he was at the workplace. A breathalyser test confirmed the presence of alcohol in his system, and Mr Baloyi admitted at the time that he was under the influence of alcohol. He was sent home and later charged at a disciplinary hearing with being under the influence of alcohol while on duty. He pleaded guilty and was dismissed. Mr Baloyi referred an unfair dismissal dispute to the National Bargaining Council for the Road Freight and Logistics Industry. The commissioner found the dismissal substantively unfair and ordered reinstatement with back pay. Triton applied to the Labour Court to review and set aside the arbitration award.

The review application was upheld. The arbitration award was reviewed and set aside and substituted with a decision that Mr Baloyi’s dismissal was substantively and procedurally fair. No order as to costs was made.

This case reaffirms the Labour Court’s approach to the review of arbitration awards under the reasonableness standard and underscores that commissioners must properly consider admissions, guilty pleas, and uncontested evidence. It illustrates the consequences of ignoring material evidence and confirms that being under the influence of alcohol at work can justify dismissal where properly established.