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Disciplinary action taken against an arrested employee will only be considered fair under these circumstances...

by , 26 June 2013
The criminal charges against the Kaizer Chiefs football manager Bobby Motaung have been dropped after Magistrate Roelf Smith revealed that he could see no progress into the matter. Motaung, his business partner Herbert Theledi and Chris Gribb were all accused of fraud, corruption and forgery related to the construction of the Mbombela Stadium prior to the 2010 Fifa World Cup, Goal.com reports. Motaung was arrested in August last year. If you were Motaung's employer, on instinct, you'll probably want to fire him. But that could be mistake! Read on to discover the five grounds in which disciplining an arrested employee will be considered fair.

'You can't dismiss an employee just because he's been arrested. It's against his legal right to a fair disciplinary process and could land up costing you for reinstatement or compensation,' says The Labour Law for Managers Loose Leaf Service.

So what are you allowed to do as an employer?

Well, you can discipline him when he returns to work. But, only under five these circumstances...

Five situations when you can fairly discipline an arrested employee

#1: Discipline is fair if your employee was able to return to work after being released but, for no good reason, didn't.

#2: You're allowed to discipline your employee is he's committed a crime against your business.

#3: You may discipline your employee if his crime brought the name of your business into disrepute.

#4: It's fair to discipline your employee if his crime affected the trust relationship between the two of you.

For example: You run a security firm and the arrested employee was wearing your company's uniform when he committed a crime and you can prove your company's name was clearly visible on the uniform.

#5: Disciplinary action is fair if your employee committed the crime while pretending to be acting on behalf of your business.

This clearly affects the trust relationship, for example, you run an auditing company and your employee misuses the authority of your company's name to defraud oneof your clients.

And remember, despite these situations, you can't discipline or dismiss an employee without following proper disciplinary procedures.

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Comments
2 comments


Itumeleng Mogaecho 2013-07-02 06:47:28

A Prosecutor has been found guilty of fraud in a criminal case at the moment awaiting sentencing. The Convicted Prosecutor intends to appeal. the conviction. This Prosecutor was previously charged internally for same offences and was acquitted. Can the employer charge this Prosecutor with bringing the NPA into disrepute on account of conviction whereas employee has not yet had opportunity to challenge conviction by way of appeal

nomsa ngcipe 2013-06-28 12:39:13

employee is arrested and been jailed for almost a month now. the case is not work related. do I pay him for the time absent from work? do I discipline him for not being at work despite the fact that I know he was arrested.

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