Standard charge formulation
It is alleged that on or about [DATE], at [LOCATION], you acted with gross negligence in that you [ACT / OMISSION], failing to exercise the degree of care reasonably expected of an employee in your position, resulting in [DAMAGE / LOSS] to the value of approximately R[AMOUNT].
Statutory guidance
| Statutory reference | LRA Schedule 8 (Code of Good Practice: Dismissal, 2025); BCEA s34 (deductions for loss or damage require written consent and fair procedure) |
|---|---|
| First-offence sanction guideline | Written or final written warning for ordinary negligence; dismissal may be fair for gross negligence with serious consequences. |
| Category | Misconduct |
CCMA procedural fairness checklist
- Standard of care expected is clear for the role
- Conduct was a gross (not minor) deviation from that standard
- Loss or damage quantified with evidence
- Training and equipment provided were adequate
- Any salary deduction complies with BCEA s34
- Distinguish negligence from wilful damage
Frequently asked questions
- Can I deduct the damage from the employee's salary?
- Only in terms of BCEA section 34: the employee must agree in writing, a fair procedure must be followed, and the deduction may not exceed a quarter of the employee's pay.
- What is gross negligence?
- Conduct showing a serious disregard for the consequences of one's actions, well beyond simple carelessness.
- Is a single mistake enough for dismissal?
- Usually not, unless the negligence was gross and the consequences severe, for example in safety-critical roles.