HomeHome SearchSearch MenuMenu Our productsOur products

Case law: Dismissal of an arrested employee when the trust relationship has been affected

by , 18 August 2016
Case law: Dismissal of an arrested employee when the trust relationship has been affectedOne of the good things about previous court cases is that they're a learning curve. You can study them and avoid making the same mistakes.

Read on to find out how the courts have dealt with the dismissal of an arrested employee when the trust relationship has been damaged.

Want to know how the courts have dealt with the dismissal of an arrested employee when the trust relationship has been affected?
 
If so, the Labour Law for Managers Loose Leaf Service has got you covered.
 
For the purposes of this article, we'll look at how the court ruled in the Visser vs Woolworths case.

********* Best Seller *********
 
Top six labour case laws that affect you!
 
The changes to the labour law in South Africa introduce severe obligations on you as an employer. And recently there have been cases where some of these regulations have been tested in Court.
The outcome and judgement on these cases not only change the way you manage your employees, but it also means you have to change your company policies too.
 
That's why we're inviting you to join labour law expert, Lizle Louw, for a 2-hour breakfast where she'll explain and discuss the four labour cases that have a huge impact on your business.
 
Discover more here…
 
*********
 
Case law: Visser vs Woolworths [2005] 11 BALR 1216 - Dismissal of an arrested employee when the trust relationship has been affected
 
The facts of the case: In Visser vs Woolworths [2005] 11 BALR 1216, an employee was arrested on a charge of theft from a department store owned by Woolworths' competitor.
 
Before she was convicted, Woolworths dismissed her due to her arrest. This was on the grounds that she had a number of subordinates who were supposed to look up to her, and she could no longer be trusted.
 
What the court ruled:
 
The arbitrator recognised Woolworths' right to dismiss an employee if the trust relationship's irrevocably damaged. But, as Woolworths didn't prove Visser was guilty of theft and hadn't even tried to, it couldn't show Visser couldn't be trusted. The dismissal was found to be unfair and Woolworths had to pay Visser eight months' remuneration.
 
Keep reading to find out what you can learn from this case…
 
******* Advertisment *********

'You're fired!' Your guide to substantively and procedurally fair dismissals
 
In only 30 minutes, you get the knowledge and power you need to legally dismiss problem employees without being taken to the CCMA.
 
Learn more here…
 
**********
 
What can you learn from the case?
 
If you can prove the arrest destroyed the trust relationship, you may be justified in terminating the employment, but proving the destruction of trust's extremely difficult.
 
Merely alleging damage to the trust relationship isn't enough.
 
To prove destruction of the employment relationship you'll need to show why your employee's actions would destroy trust in the context of your workplace.
 
You'll also need to prove your employee was responsible for the alleged criminal act in question.
 
Saying your employee is responsible for the alleged criminal act just because he's been arrested, is not enough as he's innocent until proven guilty.
 
To prove a breakdown in trust before a criminal conviction you'd need to prove independently that your employee's guilty of some form of dishonesty.
 
For example, if you run a bank and you can prove your arrested employee was guilty of bank robbery, this is likely to justify the belief that your employee can't be trusted to work at your bank.
 
Now that you know how the courts have ruled on the dismissal of an arrested employee when the trust relationship has been damaged, make sure you don't make the same mistake.
 
P.S. For the first time in South Africa: Two new labour law cases on 'equal pay for equal work'. Don't miss this event! 


Related articles




Related articles



Related Products



Comments
1 comments


Eveline 2016-08-24 09:47:37

Hi There,

Kindly send me a quote for the book below.

Case law: Dismissal of an arrested employee when the trust relationship has been affected


Regards
Eveline

Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>