My bookkeeper paid a total sum of R 52 000 into the wrong supplier's account.
This was done (erroneously) via two cash deposits over two months.
To make matters worse, we were no longer trading with this supplier (who's account the money was deposited in) as they had recently gone bankrupt.
It took four months for her to realize the error was hers, at which point she contacted the company who told her they were now being liquidated. She then contacted the liquidators who said she would have to await the outcome of the liquidation to see if she was going to be able to recoup any of the money.
The latest correspondence from the liquidators indicates that there is basically no hope of any payout.

I now want to end my working relationship with this employee for a variety of reasons. Retirement (as mentioned in this earlier post http://www.theforumsa.co.za/forums/s...-staff-options) is apparently not an option.

Before entering into negotiations with her, I would like to know if I have any legal grounds to dismiss her for this error should things turn sour?

Some extra details that might affect the situation are
  • It has been almost two years since the incident.
  • She has admitted in writing that the responsibility of the error lies soley with her
  • She has offered in writing to repay the full amount of money lost
  • She did have opportunities to pick up on her error earlier than she did - the supplier who should have received the payment notified her that they hadn't, several times
  • No disciplinary action was taken at the time of the incident - however the employee was made aware, and accepted, that this would be handled once the liquidation/refund issue was complete.


I am hoping that through negotiation I will be able to terminate the relationship amicably, but would like to know if I have the higher ground should this not pan out.