HomeHome SearchSearch MenuMenu Our productsOur products

Can you dismiss an entire group of employees for misconduct? Find out what the courts say

by , 13 September 2015
So, you believe a group of your employees are guilty of misconduct. But, unfortunately, you can't identify all of them or prove who's guilty of the alleged misconduct.

What now?

Based on the cases Chauke & Others v Lee Service Centre CC t/a Leeson Motors (1998) 19 ILJ 1441 (LAC) and RSA Geological Services (a division of De Beers Consolidated Mines Ltd) vs Grogan & Others (2008) 2 BLLR 184 (LC), you can learn the following:

1. Your employees have an obligation to assist you in identifying anyone guilty of misconduct in the workplace. If they don't do this, they breach the trust relationship between you and them.
 
*****Advertisement*****

Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly
 
 
**********************
 
2. You can charge and dismiss an employee for the alleged misconduct, even if you can't identify those who are guilt,y or if your employees refuse to assist you in doing so.
 
But, to justify such a dismissal, you must prove on a balance of probabilities that: 

Employees in the workplace committed the misconduct;
You can't identify those who are guilty;
You employees either participated in or knew about the misconduct. Use direct evidence or inferences as well as circumstantial evidence to try and prove it; and
In spite of having the opportunity to do so, your employees refused or failed to assist you in identifying the culprits.


So, there is some very useful information to know when dealing with a group of employees who you suspect of committing misconduct.

To learn more, click below….
 
*****Advertisement*****

Protect yourself from labour-related problems by using this practical tool

The comprehensive Labour Law for Managers Loose Leaf Service gives you all the details you need for maximum protection in labour-related problems. You will find, for example:

Information on the problem areas managers have to handle in the workplace daily, and appropriate solutions;
Valuable advice for employers, based on the ever-changing legislation;
Sample contracts, dismissals and warning letters, etc;
Numerous practical checklists; and
Much more…
 
**********************


Related articles




Related articles



Related Products



Comments
0 comments


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 >>>