Standard charge formulation
It is alleged that on or about [DATE], at [LOCATION], you dishonestly removed / appropriated [ITEM / AMOUNT] belonging to [COMPANY / CLIENT] without authorisation and with the intention of permanently depriving the owner thereof, which constitutes theft and dishonesty in breach of the Company Disciplinary Code.
Statutory guidance
| Statutory reference | LRA 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 guideline | Dismissal is generally appropriate for proven dishonesty, even for low-value items, as it destroys the trust relationship. |
| Category | Misconduct |
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.