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Misconduct · Charge Sheet Template

Gross Negligence & Damage to Property Charge Sheet & Hearing Pack

Draft a gross negligence or damage to company property charge sheet that distinguishes negligence from intent, aligned with the September 2025 Dismissal Code.

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Step 1 · Offence & Statutory Guardrail Intake

No login needed. Your answers autosave on this device and to a secure draft.

Prior warnings on file

None recorded.

Standard charge formulation

Statutory guidance

Statutory referenceLRA Schedule 8 (Code of Good Practice: Dismissal, 2025); BCEA s34 (deductions for loss or damage require written consent and fair procedure)
First-offence sanction guidelineWritten or final written warning for ordinary negligence; dismissal may be fair for gross negligence with serious consequences.
CategoryMisconduct

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.