Labour law 101: Your internal HR/labour law function: part 2: the training folder

[Dave A]

Given that this involves the banking sector, this part has aroused my curiosity more than it did at first reading:

(My friend removed items from his office without the necessary permission & was dismissed because of this whilst his colleague falsify records for financial gain)

I suppose it depends on what records were falsified, but I'm surprised that it merited a final written warning. Dishonesty and banking make poor bedfellows.

[Citizen X]

Dishonesty and banking make poor bedfellows.

Indeed it does Dave! On this note of consistency. Mdluli, who is implicated in murder and fraud is still as at today's date drawing a huge salary! I guess, we'll just throw consistency out of the window in Mdluli's case. It's no wonder the criminals are so brazen, they see what's happening in the top brass and go about the criminal activities undeterred by the police. Your top brass at SAPS should have no taints(turpis persona).
In matters such as waterkloof's friend, my stance is somewhat different. I accept that no employer should contend with dishonesty i.e theft, fraud etc and further that an employee is duty bound not only by statute but even by common law to serve his employer honestly. This principle was already entrenched 2500 years ago! That said, I always see the human beings behind such matters. His dismissal will not only affect him but only his wife and kids. He's now in a predicament where he will have to worry about bond repayments, car installments, the various costs that a household and kids bring. Whilst what he done was wrong, it tragic that his kids and wife will now have to bare the brunt. I believe in second chances, not at his former employer but with another employer. He should apply for other employment with the confidence that his certificate of service will not include the reason for dismissal. We all make regrettable mistakes in life, life in itself somehow does give second chances. If one compares his act with theft( I doubt the item(s) were worth more than R5000 with the corruption and fraud taking place in government that he is a choir singer compared with the quationable activities by our public servants. even when they charged with an offence, they normally still draw big salaries some 3 years after the fact!

[Waterkloof1]

Apology for not supplying all the details. He apparently falsify a clients signature on a credit facility letter. Hi's remuneration is directly linked to the number of facilities he gets through the system. In my opinion the repurcussions of this sort of crime is far worse to the bank in terms of its reputation & the possibility if things goes pear shaped that the client can later deny he applied for the facility & the subsequent loss to the bank. . From what I understand he argued in his defence that he was instructed by the client to falsify his wifes signature (this client was apparently going through divorce proceedings at the time) which makes the matter even worse. My question is what is the difference if the client would've instructed him to steal physical cash? would the bank still have been that lenient ? I doubt it.