A Dismissal Letter For Theft is a formal document used in South African employment relationships when terminating an employee's service due to proven theft. It must comply with the Labour Relations Act 66 of 1995 and related employment legislation, ensuring both procedural and substantive fairness. The document is issued after a formal disciplinary hearing has been conducted and a finding of guilt has been made. It should include specific details about the theft incident, reference to the disciplinary hearing and its findings, the effective date of termination, details about final payments, and information about the employee's rights including appeal procedures and CCMA referral rights. The letter serves as a crucial piece of evidence should the dismissal be challenged in labor proceedings.
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1. Letter Header: Company letterhead, date, reference number, and employee details including name, employee number, and position
2. Subject Line: Clear indication that this is a notice of dismissal
3. Disciplinary Hearing Reference: Details of the disciplinary hearing date, charges presented, and confirmation that the employee was present/represented
4. Findings: Summary of the evidence presented and findings of the disciplinary hearing regarding the theft
5. Dismissal Decision: Clear statement of the dismissal decision and its immediate effect
6. Final Payment Details: Information about final salary, leave pay, and other entitled payments
7. Company Property: Instructions regarding the return of company property and access cards
8. Right to Appeal: Information about the employee's right to appeal the decision and the process to follow
1. Criminal Charges: Include when the company is pursuing or has pursued criminal charges for the theft
2. Recovery of Stolen Items/Funds: Include when there are arrangements or demands for recovering stolen items or funds
3. Reference to Previous Warnings: Include if the employee has prior warnings or misconduct records relevant to the case
4. CCMA Referral Rights: Include detailed information about the employee's right to refer the matter to the CCMA (Commission for Conciliation, Mediation and Arbitration)
5. Non-Disclosure Requirements: Include if there are specific confidentiality requirements post-termination
1. Disciplinary Hearing Minutes: Copy of the minutes from the disciplinary hearing
2. Evidence Summary: Summary of evidence presented during the hearing including witness statements, CCTV footage references, or other proof of theft
3. Final Payment Calculation: Detailed breakdown of final payment including salary, leave pay, and any deductions
4. Company Property Checklist: List of company property to be returned
Relevant legal definitions
Company
Employee
Disciplinary Code
Disciplinary Hearing
Gross Misconduct
Theft
Company Property
Final Pay
Notice Period
Appeal Period
CCMA
Hearing Chairperson
Dismissal Date
Leave Pay
Company Policies
Disciplinary Procedure
Employment Contract
Notice of Termination
Labour Relations Act
Basic Conditions of Employment Act
Employee
Disciplinary Code
Disciplinary Hearing
Gross Misconduct
Theft
Company Property
Final Pay
Notice Period
Appeal Period
CCMA
Hearing Chairperson
Dismissal Date
Leave Pay
Company Policies
Disciplinary Procedure
Employment Contract
Notice of Termination
Labour Relations Act
Basic Conditions of Employment Act
Clauses
Disciplinary Process
Evidence and Findings
Termination of Employment
Final Payment
Company Property Return
Confidentiality
Post-Employment Obligations
Appeal Rights
CCMA Referral Rights
Legal Compliance
Criminal Proceedings
Property Recovery
Non-Disclosure
Reference Provision
Exit Procedures
Final Settlement
Evidence and Findings
Termination of Employment
Final Payment
Company Property Return
Confidentiality
Post-Employment Obligations
Appeal Rights
CCMA Referral Rights
Legal Compliance
Criminal Proceedings
Property Recovery
Non-Disclosure
Reference Provision
Exit Procedures
Final Settlement
Relevant Industries
Retail
Manufacturing
Financial Services
Healthcare
Mining
Hospitality
Logistics and Transportation
Construction
Agriculture
Education
Technology
Professional Services
Telecommunications
Energy and Utilities
Relevant Teams
Human Resources
Legal
Compliance
Employee Relations
Industrial Relations
Operations
Senior Management
Risk Management
Relevant Roles
Human Resources Director
HR Manager
Legal Counsel
Employee Relations Manager
Industrial Relations Manager
Compliance Officer
Line Manager
Department Head
Operations Manager
General Manager
Managing Director
CEO
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