The unauthorised use of company property is generally regarded as sufficient to warrant dismissal. In such cases, employers must prove that accused employees were indeed in possession of the goods in question, and that they did not have permission to take the goods. Employers must also prove that the employees knew that the goods were in fact in their possession. For further information on any labour related matters, you can […]
Employees are guilty of theft if they appropriate goods belonging to another with the intention of permanently depriving the owner of the use and possession of those goods. Theft therefore requires proof of intention to deprive the owner of use and possession and knowledge that the act was unlawful. It must also be proved that the employee committed an act by which the owner is actually deprived of possession. For […]
Employees may be disciplined for sleeping on duty only if: • They are actually asleep at a time when they should be attending to their duties; • The employee’s unconsciousness was not caused by some cause beyond his or her control; • The employee was or should have been aware at the time that sleeping constituted a disciplinary offence. Arbitrators have been ready to accept circumstantial evidence in such cases, […]
Medical certificates are favourite targets of workplace fraudsters, who may either falsify dates or the entire document. Where medical certificates are found tampered with by employees, dismissal is invariably warranted. Falsification of timesheets is another widespread form of deception, for which dismissal has been upheld. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will […]
If there is a clear rule against the use of drugs working hours, and the employee breaks that rule, the gravity of the breach must be assessed according to such factors as the employee’s history of drug use, prior counselling, the circumstances in which the offence was committed, the nature of the employee’s work, and other relevant factors. However, if the employee can prove that the offence stems from addiction, […]
‘Dishonesty’ can consist of any act or omission which entails deceit. This may include withholding information from the employer, or making a false statement or misrepresentation with the intent of deceiving the employer. A misrepresentation by an employee before the commencement of employment has been held to be sufficient to warrant dismissal, even if the misrepresentation is discovered some time later and the employee has rendered satisfactory performance. A charge […]
Disclosure by employees of confidential information to a competitor of the employer clearly amounts to a breach of trust. Acquiring confidential information by deceptive means may also justify dismissal.‘ Whistleblowers’ ie employees who disclose unlawful acts of their employers to authorities now receive special protection under the Protected Disclosure Act. Dismissal of employees protected by that Act is automatically unfair. For further information on any labour related matters, you can […]
Employees are required to respect the employers’ property. If an employee wilfully damages the property of the employee, dismissal is almost invariably justified. The justification in such cases flows more from the employee’s malicious intent than from the actual damage caused; where intent is present, dismissal is warranted even if the employer suffered only minor loss. Damage to property arising from employees’ negligence has also been held to warrant disciplinary […]
Each case must be decided on its own merits, and the general principles whether Dismissal for Misconduct is appropriate and should be applied. Absence from work Employees are expected to be at their workplaces during working hours, unless they have an adequate reason to be absent. Wilful absence from work constitutes a breach of contract and may justify summary termination of the contract. A distinction is usually drawn between absenteeism, abscondment […]
‘Dismissal’ means that – a) an employer has terminated a contract of employment with or without notice; b) an employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; c) an employer refused to allow an employee to resume work after she- I. took maternity leave […]