A man who was paid to enforce the law lost his job after breaking it.
The Labour Court has dismissed an application by Theodore Cupido to review the award of a commissioner who had found that the decision to dismiss him was procedurally and substantively fair.
Cupido was employed by the City of Cape Town as a law enforcement officer from June 2011 until he was dismissed in October 2014.
He was dismissed by the city after he was charged with gross negligence. Cupido rolled a car‚ hired by the city for the general duty of a law enforcement officer‚ while doing 155km/h in the rain because he was running late.
Cupido lost control of the car‚ which crashed into two other vehicles and then overturned. The collision occurred in an 80km/h zone.
The Independent Municipal and Allied Trade Union‚ on behalf of Cupido‚ approached the Labour Court following the finding of the commissioner of the bargaining council that Cupido’s dismissal was fair.
Cupido did not deny the speed he was driving in was a contributing factor to the collision. However‚ he argued that he veered into the oncoming lane to avoid a head-on collision with a bakkie.
He also said it was unreasonable for the city to refer to the amount of damages arising out of the accident (some R260 000) to support the notion that gross negligence‚ and not simply negligence was involved.
He also said the evidence before the arbitrator was that the city did not pay out any money in respect of the accident as the damages were covered by insurance.
Judge Hilary Rabkin-Naicker said the award by the commissioner was not susceptible to review and dismissed the union’s application with costs. — TMG Digital
Cape Town was fair in firing speeding law enforcement officer‚ Labour Court rules
A man who was paid to enforce the law lost his job after breaking it.
The Labour Court has dismissed an application by Theodore Cupido to review the award of a commissioner who had found that the decision to dismiss him was procedurally and substantively fair.
Cupido was employed by the City of Cape Town as a law enforcement officer from June 2011 until he was dismissed in October 2014.
He was dismissed by the city after he was charged with gross negligence. Cupido rolled a car‚ hired by the city for the general duty of a law enforcement officer‚ while doing 155km/h in the rain because he was running late.
Cupido lost control of the car‚ which crashed into two other vehicles and then overturned. The collision occurred in an 80km/h zone.
The Independent Municipal and Allied Trade Union‚ on behalf of Cupido‚ approached the Labour Court following the finding of the commissioner of the bargaining council that Cupido’s dismissal was fair.
Cupido did not deny the speed he was driving in was a contributing factor to the collision. However‚ he argued that he veered into the oncoming lane to avoid a head-on collision with a bakkie.
He also said it was unreasonable for the city to refer to the amount of damages arising out of the accident (some R260 000) to support the notion that gross negligence‚ and not simply negligence was involved.
He also said the evidence before the arbitrator was that the city did not pay out any money in respect of the accident as the damages were covered by insurance.
Judge Hilary Rabkin-Naicker said the award by the commissioner was not susceptible to review and dismissed the union’s application with costs. — TMG Digital
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