Even the most reasonable dismissal decisions of employers are not guaranteed to stick. The Rustenburg Platinum and Shoprite Checkers findings discussed in previous articles show that arbitrators and judges are ready to overturn dismissals of employees who have committed serious offences.

This leaves employers at a loss about when offending employees may be dismissed. One view that appears to be emerging is that the seriousness of the employee’s offence must no longer be measured by the potential effect of the misconduct but rather by the actual effect thereof. ..

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