Page 3 - KZN Business Sense 5.2

COLLABORATING

FOR SUCCESS

errill King, recently In addition, Capitol Caterers not order to remain visible.”
appointed joint MD only keeps up with food trends
In order to obtain some life
Mof Capitol Caterers, but ensures that all the food that balance, King enjoys spending
has had a 36-year career in is prepared in their kitchens is time in the gym, paddling or
the food industry. King, when nutritious and fulfils a wide range running to stay fit and ‘to ensure ENQUIRY DELAYS
having to decide on a career of dietary needs while being a flow of endorphins’.
path, followed in her brother’s beautifully presented.
footsteps who was working in “We pride ourselves in She is a competitive canoeist Patrick Deale, Labour in the context of disciplinary
the hospitality industry, and continually striving for excellence who has won several age-category Lawyer & Mediator, proceedings as follows –
was lured by the ‘romance’ of and in ensuring that our food is gold medals in the Dusi and Fish Deale Attorneys [a] The delay has to be
working in the kitchen. River Marathons as well as a unreasonable. In this context,
interesting, local and relevant,
She qualified as a chef through but most importantly, being silver medal with partner, Sonja hen firstly the length of the delay
does a
Bohnsack, at the World Marathon
the trainee programme at the steadfastly mindful of our Canoeing Championships in Wdelay is important. The longer the
Royal Hotel in Durban. This footprint on the environment Pietermaritzburg in 2017. She in prosecuting a delay, the more likely it is that it
would be unreasonable.
culinary background has served by adhering to strict QMS and hopes to complete her 16th Dusi disciplinary
her well, providing King with ISO practices.”In order to ensure in 2020. enquiry [b] The explanation for the delay
a thorough knowledge of food that the staff are skilled, Capitol become must be considered. In this
preparation and service. She has Caterers has registered Midlands King has also competed in unreasonable respect the employer must
served as Group Executive Chef Hospitality Academy (MHA), running events including two and unfair? provide an explanation that
can reasonably serve to excuse
for a period of ten years at Capitol which is accredited by the Comrades Marathons and five the delay.
Caterers. However, together with Quality Council for Trades and Two Oceans Ultra Marathons. The general rule is that a
joint MD Russell Nzimande, King Occupations (QCTO). Through King was the first woman to disciplinary inquiry must be held [c] It must also be considered
now focuses on the business side the investment in MHA, the hold the position of president of within a reasonable time from whether the employee has taken
of managing Capitol Caterers’ hospitality industry skills of the Canoeing South Africa, which the date on which the alleged steps in the course of the
process to assert his or her right
daily operations. Capitol Caterers staff will be she occupied from 2008-2010. misconduct occurred – or from to a speedy process.
enhanced, and potential new staff the date from which the employer
Headquartered in She is a long-serving board first became aware of it. [d] Did the delay cause material
Pietermaritzburg, Capitol members will be trained. member of the South African prejudice to the employee?
Caterers was founded in 1993 Staff empowerment has also Confederation of Sport and The idea of the principle ‘justice Establishing the materiality
by her husband Giles who in been promoted through the Olympic Committee (SASCOC). delayed is justice denied’ is of the prejudice includes an
the current role as chairman, company’s Workers Trust. In an This leadership position, she says, that an unreasonable delay can assessment as to what impact
still plays an active role in empowerment deal initiated in has been very challenging as she cause serious prejudice for the the delay has on the ability of
the business. The company is 2003, 21% ownership of Capitol has had to learn to grapple with employee concerned. It could also the employee to conduct a
currently entering its 26th year Caterers was given to all staff many different issues... lead to the conclusion that the proper case.
of service and caters for clients who had been with the company Whenever possible, King enjoys employer has abandoned its right [e] The nature of the alleged fenced
in KwaZulu-Natal, Eastern for five or more years. In just relaxing with her husband, their to take disciplinary action against must be taken into account.
the employee.
Cape, Western Cape, Free State, 15 years, the beneficiaries have three children and grandson. n The offense may be such that
Gauteng as well as in Swaziland. grown to 570 and they now boast The Constitutional Court there is a particular imperative
a 49% share in Capitol Caterers. considered the issue of delay in a to have a decision on the
King says that much of her (Read: Navigating the mind field of merits. This does not mean that
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time is spent travelling to the King commented that in changing food trends on page 12) case decided in February 2019. a very serious offense (such as
different regional offices to ensure addition to empowering staff, the T: 033 394 0310 It involved an appeal against a dishonesty) must be dealt
that these operations are well company needed to continually E: admin@capitolcaterers.co.za a dismissal lodged in August with, no matter what, just
supported. In addition, she values make its presence known in the W: www.capitolcaterers.co.za 2011 which was decided only in because it is so serious.
February 2014. The employee
the relationships that she has marketplace. “Satisfying our argued that the employer had [f] All the above considerations
developed with her staff and she current clients is the thrust of our abandoned its right to discipline must be applied, not
strives to understand their needs business but one also has to strive the applicant on account of the individually, but holistically.
and ensure that they are happy. to grow at a steady pace and so unexplained and lengthy delay.
there is a constant need to market TIP:
“We favour a collaborative style
The Con-Court said the
of leadership and obtain input ourselves through social media delay itself does not constitute Employers should ensure that a
and other marketing platforms in
disciplinary enquiry is conducted
from all divisions when decisions unfairness but the length of the as speedily as possible to avoid
are to be made. Within the delay must be considered in accusations of prejudice by the
catering environment, all of our context. It referred to a judgment employee. The delays often occur
staff play important roles. While by Justice Sachs in which he said– after the employee has been
wages may motivate some staff suspended and while the employer
members, supporting our staff so “The delay in the present matter conducts an investigation. Some
that they are happy means that must be evaluated not as the investigations can take a long time
all our clients are happy too,” foundation of a right to be tried and be explainable where complex
commented King. without unreasonable delay, but issues are involved. The employer
as an element in determining
Of note is that Capitol Caterers whether, in all the circumstances, should communicate with the
has over 100 clients in different the delay would inevitably and employee to keep him or her
sectors. These range from the irredeemably taint the overall informed. This reduces speculation
education and health sectors, substantive fairness of the trial if it about the employer’s motives and
to the commercial and the were to commence.” accusations of unreasonable delay
retirement sectors. in proceeding with the enquiry. n
The question whether a delay
“The catering business is in finalisation of disciplinary 1
Stokwe v MEC: Dept of Education, Eastern
hard work. In order to meet proceedings is unacceptable is a Cape & Others CCT 33/18 7 Feb 2019
these varied sector needs, a matter that can be determined on a 2 Sanderson v Attorney General, Eastern
standardised approach or menu case-by-case basis. There can be no Cape 1998 (2) SA 38 (CC).
is not possible. We have to hard and fast rules. The Con-Court
ensure that our menus are within outlined the factors in Sanderson Offices in KZN and Johannesburg
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C: 083 375 8771
our clients’ vastly different needs to determine what constituted an E: patrick@deale.co.za
and budgets.” Merrill King is a competitive canoeist who has won several age-category gold medals. unreasonable and unfair delay W: www.deale.co.za

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