The Labour Court has dismissed a review application brought by a former Standard Bank teller who was dismissed for misconduct involving cash discrepancies and the alleged falsification of records, despite her claims that medical seizures contributed to the incidents. Ms Nomfundo Khumalo (“Ms Khumalo”), who had worked as a Universal Cash Consultant at Standard Bank since November 2017, lost her challenge to a Commission for Conciliation, Mediation and Arbitration (CCMA) ruling that upheld her dismissal. The court found that the arbitrator’s decision was reasonable based on the evidence presented.
The case stemmed from events in December 2021, when Ms Khumalo returned to work following a two-week absence to care for her ill mother. On 20 December 2021, her first day back, she was assigned to till 41, which appeared to balance at the end of the day. However, during a routine surprise check the following day, her supervisor discovered an unaccounted-for bag containing R20 in R1 coins in Ms Khumalo’s till tray.
A subsequent internal investigation uncovered significant irregularities in Ms Khumalo’s till-balancing process. CCTV footage showed that on the day in question, she had attempted to balance her till four times, with discrepancies involving 50 cent coins. The footage captured her finally removing a 50 cent coin from the till and placing it in her pocket, after which the till finally balanced.
Initially, Ms Khumalo’s records reflected R11 in R1 coins, but the surprise check revealed R31, a discrepancy of R20. CCTV footage showed her manipulating the till by removing coins to force a balanced outcome. She was charged with three counts of misconduct: (1) dishonesty through falsification of balancing records, (2) failure to follow company procedures by not reporting discrepancies, and (3) misappropriation of funds. She was acquitted on the second charge but found guilty on the first and third. She was subsequently dismissed on 11 March 2022.
In her defence, Ms Khumalo claimed she had suffered five seizures on the day in question and had forced herself to work despite her condition. She stated that her physician had recommended she be removed from stressful, cash-handling duties. However, her defence was contradicted by her own written statement to the bank, in which she admitted to mistakenly omitting a tray of R1 coins worth R20 due to a seizure the previous day.
The CCMA arbitrator, Commissioner Thandiwe Tshayann, found the dismissal to be substantively fair. The commissioner noted that although Khumalo suggested the excess money might have been planted by someone else, she provided no evidence to support this claim. Her version of events was further undermined by both the CCTV footage and her written admission.
In reviewing the arbitrator’s decision, Judge Tshisevhe applied the test established in Sidumo v Rustenburg Platinum Mines, which asks whether the decision reached was one that a reasonable decision-maker could not have reached based on the totality of the evidence. The judge concluded that the arbitrator had properly considered the key issues, evaluated the evidence, and reached a reasonable conclusion.
“The award of the Second Respondent seems to be sagaciously arrived at, and the reasons provided therein are, in my view, legally sound, factually correct, and highly substantiated by the transcript,” Judge Tshisevhe stated.
The court rejected Ms Khumalo’s argument that her medical condition should have carried more weight. It emphasised that banking institutions require the highest levels of honesty and integrity from employees entrusted with cash. The judge noted that falsifying bank records constitutes a dismissible offence, as it fundamentally erodes the trust relationship essential in the banking sector.
You can read the full Khumalo v CCMA judgement here.
Written by Theo Tembo
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