The employer’s property forms an integral part of the business infrastructure and any loss, damage, misuse and waste thereof is a serious misconduct that places additional pressure, as unnecessary expenses, on a business in terms of profitability and sustainability. Most cases referred to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) are due to unfair dismissal, of which most cases are related to misconduct that lead to dismissal.
In general, arbitration awards in the employee’s favour, can be directly linked to the employer not following the correct procedure and can the CCMA make an award for up to 12 months of the employee’s salary. In case of loss of and/or damage to the employer’s property, the employer should act in terms of labour law with respect to the employer-employee relationship. The employer also has the option to act in terms of criminal law and report the incident to the police, although this is not a prerequisite to take disciplinary action with respect to the employer-employee relationship.
An employer cannot dismiss an employee under any circumstances, even with valid reason, without holding a disciplinary hearing to ensure that a fair procedure is followed and that there is substantive reason (proof) for the employee to be dismissed. Read more