Labour Law 101: Your internal labour law/HR function

[Citizen X]

Explain the guidelines for dismissal for misconduct based on the two charges, you may use one charge as an example to save time

1. Misconduct):Fraud alternatively unauthorised intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to the company in that on the 24 December 2013 you engaged in a fraudulent transaction by fuelling two motor vehicles with one fleet card, alternatively unauthorised manipulation of company systems and processes. This has caused a breach in the employer/ employee trust relationship
2. (Misconduct)Gross Dishonesty: In that on the 24 December 2013 you engaged in a transaction contrary to the company rules and failed to act in good faith by bringing this customer’s dishonest intentions to management’s attention by collaborating with a customer transaction by fuelling two motor vehicles with one fleet card

[Citizen X]

1. Misconduct):Fraud alternatively unauthorised intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to the company in that on the 24 December 2013 you engaged in a fraudulent transaction by fuelling two motor vehicles with one fleet card, alternatively unauthorised manipulation of company systems and processes. This has caused a breach in the employer/ employee trust relationship
Schedule 8 item 7 provides that
Any person who is determining whether a dismissal for misconduct is unfair should consider -
(a) whether or not the employee contravened a rule or standard regulating conduct in, or of
relevance to, the workplace; and
(Trainers Comment: Mr Masongo did contravene a rule regulating conduct in the workplace in that he breached item 3 of the disciplinary code and procedure namely “3 Theft, fraud, unauthorised possession of company property, unauthorised manipulation of company processes and systems, gross dishonesty.”
(b) if a rule or standard was contravened, whether or not -
(i) the rule was a valid or reasonable rule or standard;
(Trainers Comment: The rule or standard of fraud and dishonesty is a valid rule and standard)

(ii) the employee was aware, or could reasonably be expected to have been aware, of
the rule or standard;
(Trainers Comment:The employee was aware of the rule or standard in that he was handed a copy of the disciplinary code and procedure and he signed it)
(iii) the rule or standard has been consistently applied by the employer; and
(Trainers Comment: All employees in this company are dismissed for fraud and dishonesty)

(iv) dismissal with an appropriate sanction for the contravention of the rule or standard.
(Trainers Commentismissal was indeed an appropriate sanction in that the employer/employee trust relationship was breached)