Rabkin-Naicker J also observed that the Mr Ngcobo’s claims were approved by his line manager who had also recorded on email that she and Mr Ngcobo had learned a lesson from their mishaps. But there’s seldom a way back if “gross dishonesty” was involved. Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). Affordable Legal Advice and Paralegal Services in South Africa. For example, selling the employer's merchandise or services and charging the client privately for own gain, Telling lies to cover up work errors or for other reasons, Secretly competing with the employer by engaging in own business in the same field. Dishonesty to your insurer can result in not being able to get alternative insurance from another insurance company. Source: Emma Whitelaw, an Associate in the Employment Law Department at Bowman Gilfillan, Cape Town, details the issues. South Africa Overview of the law and enforcement regime The most important sources of criminal law in South Africa are legislation, common law and case law. Summary: At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. This arguably a high-profile case for Irba ... which unveiled that the family wielded enormous political influence in South Africa. After concerns from Mr Ngcobo’s line manager regarding his overtime claims, the employer audited his claims forms and the investigation revealed the following: Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. The case of LTE Consulting (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR1289/14) [2017] ZALCJHB 291 (8 August 2017) dealt with misrepresentation in a CV. What could happen if you get busted for lying on your CV in South Africa Although it has been somewhat more lenient in some cases, the CCMA has generally followed a strict approach in cases of theft and other forms of dishonesty. Delivered: 2 August 2017. This is because dishonesty damages the ability of the employer to trust the employee. IR UPDATE MARCH 2010. However, other employees who had committed similar offences had not been dismissed. REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 2642/2010 In the matter between: JOHANNES POTELO First Applicant JOHANNES SENNYA Second Applicant ELLIOT PHAKOE Third Applicant and COMMISSIONER FOR CONCILIATION, MEDIATION AND ARBITRATION First Respondent DUMISANI JOHANNES NGWENYA … The legal realm is divided broadly into substantive and procedural law. A common dilemma, with which employers in all areas of industry […] It assessed the evidence that was before the commissioner and held that the commissioner’s findings were reasonable. However, this does not necessarily mean that the damage to the trust relationship is so bad that it is irreparable or that the breach of trust automatically merits dismissal. ‘[I]n this case, the employee was charged with dishonesty. For example, have other employees, committing similar offences, been dismissed due to. Cases listed under subject matter . On October 25, 2017, a five-judge Supreme Court unanimously confirmed that the two limb Ghosh test for assessing dishonesty in criminal proceedings should be replaced by a purely objective test. In the matter between. Disguised transactiondishonesty genuineness Applying the previous case law test from LAW 411 at Stellenbosch University-South Africa University of South Africa v Reynardt [2010] ZALAC 9 – unfair implementation of an affirmative action plan, once the targets have been met 2009 Director General of the Department of Labour v Comair Limited [2009] ZALC 78 – review of the Director General’s public powers if an employer is non-compliant with its obligations in terms of the EEA Booth & Anor v R [2020] confirmed Supreme Court comments in Ivey v Genting Casinos (UK) [2017] that the new test for dishonesty… Ivey v Genting Casinos [2017] UKSC 67 . Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. It is a well-accepted principle that employees are expected, as part of their employment contract, to behave honestly and in the interests of their employers; and that trust is an important element to consider in deciding whether the employment relationship of a dishonest employee should continue. In the case of Drs Dietrich, Voigt and MIA v Bennet CM N.O CA 14/2016, the Labour Appeal Court confirmed that not all conduct that leads to financial benefit is nefarious. On review, the Labour Court upheld the decision of the commissioner. Is an employee able to avoid a disciplinary hearing or disciplinary sanction by resigning? He agreed to be paid at a rate of 1.0 per hour (his normal hourly rate). SALGBC First Respondent URSULA BULBRING N.O. South Africa leads food security in sub-Saharan Africa . That test in criminal cases, however, is now history. The employer suffered a loss of R8,647.60 as a result of the employees conduct. That is the case he went to meet and that is the case that the employer could not prove. Although benefiting from a misconduct financi all y aggravates the misconduct, it does not always result in a finding of dishonesty … South African and German registered companies, Aveng (Africa) Pty Ltd and Strabag International GmbH, as a joint venture (the “ASJV”), were awarded a contract by the South African National Roads Agency Soc Ltd (“ Sanral ”) for the construction of the Mtentu River Bridge on the N2 Wild Coast Toll Road for a value of over R1.5 billion. However, it ranked second and ninth, respectively, in affordability and availability. 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