Another MISA member reinstated, receiving R124 000 after unfair dismissal
3 September 2026
MISA, the Motor Industry Staff Association, secured another significant legal victory after an employer in Bethlehem was ordered to reinstate a MISA member and pay him R124 052.88 in back pay.
A commissioner at the MIBCO Dispute Resolution Centre (DRC) found that the employer did not submit sufficient evidence to prove that the technician was intoxicated at work or that he used vulgar and abusive language when addressing a colleague.
"This award sends an important message to employers. Suspicion or allegations cannot replace evidence. When an employee's livelihood is at stake, an employer must be able to prove the misconduct relied upon to justify dismissal," says Martlé Keyter, MISA's Chief Executive Officer: Operations.
The technician had a clean disciplinary record when he was dismissed on 4 December 2025 after being accused of reporting for standby duty under the influence of an intoxicating substance. He was also accused of intimidating a colleague by using vulgar, abusive and derogatory language.
Although witnesses called by the employer alleged that the technician smelled of alcohol, he was never subjected to a breathalyser test.
There was also no evidence that he was unable to perform his duties and he completed the job he had been called out to perform.
The technician testified that he completed work on a truck, which included removing the radiator. According to him, he would not have been able to do so if he had been intoxicated.
The commissioner found that the employer's evidence was insufficient to prove that the technician had been under the influence of alcohol. The employer also failed to prove the allegations of intimidation and abusive language.
The commissioner ruled that the dismissal was substantively unfair and ordered the technician's retrospective reinstatement from 5 December 2025. He must report for duty on 15 September 2026, while the employer must pay him R124 052.88 in back pay by the same date.
"MISA will continue to protect the rights and livelihoods of our members and ensure that they have professional representation when they need it most," says Tiekie Mocke, Manager of MISA's Legal Department.
Issued by Sonja Carstens, Manager of MISA's Media & Communication Department, on behalf of the Union.
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