Ster-Kinekor argued that the CCMA commissioner misread the evidence when he found that Mogano tasted the popcorn rather than ate it.
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The Labour Court in Johannesburg dismissed Ster-Kinekor Theatres’ application to overturn the reinstatement of cinema employee Yvonne Mogano.
She had been fired in July 2023 for allegedly eating popcorn in the kitchen at The Zone in Rosebank.
Acting Judge Motshekga handed down the judgment on 23 October 2026.
Court rules employer failed to prove a workplace rule
Ster-Kinekor argued that the Commission for Conciliation, Mediation and Arbitration (CCMA) commissioner misread the evidence when he found that Mogano tasted the popcorn rather than ate it.
According to the judgment, the company had to prove both that a rule existed and that she knew about it.
“It is apposite to restate that an employer who relies on a workplace rule must prove both the existence of that rule and the employee’s awareness of it,” Motshekga stated.
Complex manager Tyran Naicker admitted he had no document showing Mogano knew of any ban. “I do not have proof on me,” Naicker conceded.
The judge found that this did not help the company.
“Knowing how to make popcorn, however, does not denote knowledge that tasting it for salt is prohibited,” Judge Motshekga noted.
Commissioner found manager allowed salt tasting
Mogano testified that she put a few kernels in her mouth to check the salt level.
She said Naicker told her to do so after a customer complained in 2022 that the popcorn was too salty.
Naicker, however, claimed he found her eating more than a mouthful twice.
The commissioner, Shumani Sidney Tshakafa, preferred Mogano’s version.
“I believe that the respondent allowed the applicant to test the level of salt from popcorn, mainly to avoid the recurrence of the incident where a customer complained of too salty popcorn,” Tshakafa said in the award.
The court said that disagreeing with which version a commissioner preferred was a matter for appeal, not review.
“Accordingly, this complaint must fail,” the judge ruled.
Bias claim and final order
Ster-Kinekor also alleged that the commissioner was biased, although it did not pursue the point at the hearing.
The judge found no support for it in the arbitration record.
“The record does not support the allegation of bias,” Judge Motshekga stated.
The judge added a further finding on the issue.
“On the record, therefore, no reasonable apprehension of bias arises, and this ground also fails,” the judge said.
Mogano opposed the application but did not attend the hearing.
The court granted condonation for the review application, which was filed one day late. It then dismissed the review and made no order as to costs.
