Standard charge formulation
It is alleged that on or about [DATE], during your shift at [LOCATION], you failed to perform your duties as [JOB TITLE] in that you were found asleep / absent from your post, thereby neglecting your responsibilities and exposing the Company / client to risk.
Statutory guidance
| Statutory reference | LRA Schedule 8 (Code of Good Practice: Dismissal, 2025); PSIRA Code of Conduct (security sector) |
|---|---|
| First-offence sanction guideline | Final written warning; dismissal may be fair in safety- or security-critical roles where sleeping exposes people or property to serious risk. |
| Category | Misconduct |
CCMA procedural fairness checklist
- Who observed the employee and at what time?
- Photographic / CCTV evidence where lawful
- Was the employee working excessive hours in breach of BCEA s9-s10?
- Medical condition or medication considered
- Post instructions and duties were documented
- Prior warnings for similar conduct still valid
Frequently asked questions
- Is sleeping on duty a dismissible offence?
- It can be, especially for security guards or roles where alertness is critical. In other roles a warning is usually more appropriate for a first offence.
- What if the employee worked a double shift?
- Excessive working hours and fatigue are strong mitigating factors and may indicate employer non-compliance with the BCEA.
- Do I need photos as evidence?
- Not necessarily, but credible witness testimony and contemporaneous notes are essential.