A critical analysis of the appropriateness of dismissal as an automatic sanction for dishonesty in the workplace.

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.