A critical analysis of the appropriateness of dismissal as an automatic sanction for dishonesty in the workplace.
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Date
2021
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Abstract
Even though South Africa’s Constitution and the LRA entrench the rights of
employees not to be unfairly dismissed, employees are dismissed for what are
arguably minor infractions. Numerous employees have lost their human dignity and
livelihoods for a single act of irrationality. This dissertation focuses on analysing if
automatic dismissal for dishonesty-related misconduct is appropriate. The emphasis
is on the requirements for determining a fair sanction for dishonesty-related
misconduct and the factors that commissioners and the courts need to take into
consideration in determining an appropriate sanction.
Dismissals for misconduct are often not fair, reasonable, and just as required by our
labour legislation. To analyse the appropriateness of dismissal as an automatic
sanction for dismissal, articles, case law, and literature from various textbooks were
considered. The results of the research indicate that not all acts of dishonesty should
automatically result in the sanction of dismissal. The key question is whether the
dishonesty is of such seriousness that it renders the continuation of the employment
relationship intolerable. The importance and the impact of the breached rule on the
employer's business as well as the employee's disciplinary record and length of
service and the employee's circumstances must be considered in determining if the
sanction of dismissal is appropriate. The recommendation made is that for minor
cases of dishonesty, an employer should consider the employment relationship intact
and therefore refrain from imposing the sanction of dismissal. A graduated system
of discipline is suggested in these instances.
Description
Masters Degree. University of KwaZulu-Natal, Durban.