SOME COMMENTS ON THE APPROPRIATENESS OF DISMISSAL AS A SANCTION IN MISCONDUCT RELATING TO SHRINKAGE

Abstract

The circumstances under which an employer may dismiss an employee for misconduct are clearly stated in item 3(5) of the Code of Good Practice: Dismissal contained in Schedule 8 of the Labour Relations Act 66 of 1995. It provides that a decision to dismiss an employee for misconduct necessitates an interrogation of a number of competing factors including the gravity of the misconduct; the circumstances of the infringement; the nature of the job performed by the employee; and the employee’s circumstances (which include length of service, previous disciplinary record and personal circumstances). In this note, the author peruses some of the recent cases which have attempted to balance these competing interests to achieve fairness between the parties.