the vital importance of safety rules
02 September 2008

This question arose during a training course that I presented last week, and the question invoked a lot of discussion, with different viewpoints being put forward and argued.

In MEWUSA obo Sibisi / Pressure Die Casting (Pty) Ltd [2003] 8 BALR 842 (MEIBC), the applicant disputed the substantive fairness of his dismissal for failing to wear protective eye wear or goggles.
The respondent explained that he operated a foundry with a 10 furnaces that melted aluminium and brass.  Because the area was very noisy and the molten metal sometimes splashed, employees working in that section were issued with protective clothing such as overalls, safety boots, gloves, respirators, goggles, spats and earplugs.  Due to the risks involved, the respondent enforced its safety rules very strictly.

The applicant had a history which showed that he did not like taking advice and he continuously ignored lawful instructions. Despite counselling sessions, this attitude problem did not improve.  There were disciplinary hearings for other incidents of failing to follow standard operating procedures, and a disciplinary hearing was held on the 3rd October 2002 when the applicant was charged with failing to observe safety regulations.  The chairperson at that hearing, took note of the fact that the applicant had already had three counselling sessions and two warnings, and he imposed a sanction of dismissal.

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Derek Jackson,  labournews@labourguide.com