Too many employers make the mistake of unnecessarily delaying the charging of employees for misconduct. Failing to discipline employees timeously can be found to be diluting the seriousness of the offence. In addition, the longer the delay between the incident and the charging of the accused, the more likely it will be that important evidence is lost. This is because workplace witnesses might leave the employer or might forget what exactly happened. Also, evidentiary documents and video evidence can be lost. This can result in a serious weakening of the employer’s case.
In the case of IMATU obo Dias (Lex Info, 30 August 2024. Case number C487/2021) Ms Dias was fired for dishonestly bypassing the water meter (on her property) installed by her employer.
However, she was charged five years after he alleged bypass incident, and she flatly denied that it had been she who had bypassed the meter.
As the employer was unable to provide proof that she had been the culprit, the Labour Court ordered the employer to reinstate her with full backpay for the period of 4 years that had elapsed from the date of her dismissal.
Tis case highlights the need for employers to understand the importance of speedy and effective investigation of misconduct allegations.
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BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: