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Misconduct · Charge Sheet Template

Theft, Fraud & Dishonesty Charge Sheet & Hearing Pack

Build a CCMA-defensible theft, fraud or dishonesty charge sheet, investigation checklist and dismissal letter compliant with the September 2025 Code of Good Practice.

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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); common-law duty of good faith; Labour Appeal Court on breakdown of trust (e.g. De Beers v CCMA)
First-offence sanction guidelineDismissal is generally appropriate for proven dishonesty, even for low-value items, as it destroys the trust relationship.
CategoryMisconduct

CCMA procedural fairness checklist

  • Physical, CCTV or documentary evidence secured and chain of custody recorded
  • Employee was not entrapped unfairly
  • Search procedures followed company policy and respected dignity
  • Consider precautionary suspension on full pay
  • Value of item recorded (not decisive, but relevant)
  • Consistency: how were similar cases treated previously?

Frequently asked questions

Can I dismiss for stealing something of low value?
Often yes. South African courts have held that the value of the item is less important than the dishonesty and breakdown of trust, but the chairperson must still apply their mind to the sanction.
Should I suspend the employee during the investigation?
A precautionary suspension on full pay is permissible where there is a risk of interference with evidence or witnesses. It should be as short as possible.
Do I need to lay a criminal charge first?
No. Workplace discipline is separate from criminal proceedings and uses the lower civil standard of a balance of probabilities.