PHS Labour Law & HR Consultancy

26/11/2025

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27/10/2025

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17/10/2025

Theft in the Workplace: A Dismissal Waiting to Happen

In South African labour law, theft is one of the most serious forms of misconduct — and often a fast track to dismissal. Whether it’s stealing cash, company property, or even something as small as stationery, the principle remains the same: dishonesty destroys trust, and trust is the foundation of any employment relationship.

Under the Labour Relations Act (LRA), employers are entitled to dismiss employees for misconduct if the dismissal is substantively and procedurally fair. In cases of theft, the substantive fairness is usually clear — taking what isn’t yours breaches the duty of good faith. However, employers must still follow a fair procedure: conducting an investigation, holding a disciplinary hearing, and giving the employee a chance to respond before making a final decision.

Importantly, the value of the stolen item doesn’t determine the seriousness of the offence — it’s the breach of trust that matters. The Commission for Conciliation, Mediation and Arbitration (CCMA) has repeatedly upheld dismissals where even minor thefts occurred, precisely because the employment relationship became irreparably damaged.

The lesson is simple: honesty isn’t just the best policy — in the workplace, it’s a legal requirement.

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16/10/2025

Very True

16/10/2025

In South Africa, the Basic Conditions of Employment Act (BCEA) strictly governs salary deductions to protect employees from unfair practices. Here's a breakdown of what employers can and cannot do:

✅ When Salary Deductions Are Allowed

Written Employee Consent
Employers may deduct money from your salary only if you have agreed in writing to the deduction. This includes situations like:

Repaying a debt or loan

Contributions to retirement or medical aid funds

Union membership fees (if agreed upon)

Legal or Contractual Obligations
Deductions are permitted if they are:

Required by law (e.g., Pay-As-You-Earn (PAYE) tax, Unemployment Insurance Fund (UIF) contributions)

Ordered by a court or arbitration award

Specified in a collective agreement

Damage or Loss Caused by Employee
If you cause damage or loss during your employment, your employer may deduct the equivalent amount from your salary, but only if:

The loss occurred during your employment

It was due to your fault (negligence or deliberate action)

The employer follows a fair procedure and gives you a chance to explain

The total deduction does not exceed 25% of your net salary

❌ When Deductions Are Not Allowed

Without Written Consent: Employers cannot deduct money from your salary without your written agreement, even if it's for company losses or damages.

Unlawful Deductions: Employers cannot impose fines or penalties as a form of punishment for misconduct.

Excessive Deductions: Deductions for damage or loss must not exceed the actual amount of the loss and cannot reduce your salary by more than 25%.

🛡️ Your Rights and Actions

Review Your Payslip: Ensure all deductions are itemized and correspond to your agreements or legal obligations.

Seek Clarification: If a deduction seems incorrect or unauthorized, contact your employer's HR department for an explanation.

File a Complaint: If you believe a deduction is unlawful, you can lodge a complaint with the Department of Employment and Labour.

Legal Recourse: For unresolved disputes, you may seek assistance from the Commission for Conciliation, Mediation and Arbitration (CCMA) or consult a labour lawyer.

14/10/2025

What is a con/arb hearing at the CCMA? The con-arb process allows an arbitration ("arb") to follow directly after a conciliation ("con") hearing on the same day. if Settlement is not reached at conciliation, then arbitration will immediately follow.

13/10/2025

We offer affordable retainers for all your specific HR and Labour Law needs. including Drafting of Contracts, keeping personal files updated and assistance with Disciplinary Enquiries. call us today!

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09/10/2025

Quitting in anger may feel powerful — but under South African labour law, emotion doesn’t equal protection. Always pause, document, and act with intention; your calm today could be your strongest legal defence tomorrow.

07/10/2025

What is 'Constructive Dismissal'? It's not just quitting because you're unhappy. It's when your employer makes your job so INTOLERABLE, you're forced to resign. It's a dismissal in disguise.

The legal test is high. You can't just claim it. You must prove that the employer's conduct made the continued employment relationship unbearable.

Examples include:

A pattern of bullying or harassment the employer ignores.

A unilateral demotion or salary cut.

Being forced to work in unsafe conditions.

CRITICAL: Before you resign, you MUST show you've tried to resolve the issue internally (e.g., filed a grievance). Resigning is the last resort.

If you're thinking of resigning because your work situation is intolerable, speak to an expert first. It's a complex legal path. We can help you assess your options.