Code of good practice imposes a number of requirements on employers contemplating firing employees for misconduct
Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer to trust the employee.
An employee should only be dismissed for an infringement if they have been found guilty of gross misconduct, for example, wilful damage to the property of the employer, wilful endangering of the safety of others and physical assault on the employer, a fellow employee or a client. Gross insubordination and gross dishonesty will normally merit dismissal.
In a case of Shoprite Checkers vs the CCMA the employee was dismissed for consuming the employer’s food without paying. Both the CCMA and labour court found the dismissal to be unfair. In the case of Shoprite Checkers vs the CCMA the circumstances were amazingly similar to the one discussed above in that the same employer was involved and the employee was also dismissed for consuming the employer’s food without paying. However, in this case the labour appeal court found that the employee had 30 years’ service and was a first offender. The court, therefore agreed with the CCMA that the dismissal had been too harsh.
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