When It Comes to Theft, Size Doesn’t Matter

In the realm of employment, trust is the cornerstone of any employer-employee relationship. This trust is not just a moral expectation, but a fundamental requirement for the smooth functioning of the workplace. However, when this trust is breached, it can render the continued employment relationship intolerable, irrespective of the quantum of the theft or dishonesty.

The Sanctity of Trust

The sanctity of trust in an employment relationship is paramount. Employers entrust their employees with access to resources, information, and responsibilities. In return, they expect honesty, integrity, and loyalty. This mutual trust forms the bedrock of a healthy and productive work environment.

The Case of Marula Platinum Proprietary Limited vs. Commissioner Donald Kglalake Mkadimeng N.O. Kgboko Victor Mashupje

A recent case that underscores this principle is that of Marula Platinum Proprietary Limited vs. Commissioner Donald Kglalake Mkadimeng N.O. Kgboko Victor Mashupje. In this case, the applicant sought to review and set aside an arbitration award issued by the second respondent, the arbitrator. The arbitrator found that the dismissal of the third respondent by the applicant was substantively unfair and ordered that he be reinstated with retrospective effect.

The Impact of the Value of the Theft on the Sanction

Theft is viewed by the courts as a serious disciplinary offence and normally justifies dismissal at first instance, regardless of the value of the property involved. The true test is not the value of the item stolen, but whether the employee’s actions had the effect of rendering the employment relationship intolerable.

This case serves as a stark reminder that when it comes to theft, size doesn’t matter. The focus is not on the monetary value of the stolen item, but on the breach of trust it represents. A small act of theft can shatter the trust between an employer and an employee, making the continuation of the employment relationship untenable.

In conclusion, the employer-employee relationship is a delicate balance of trust and responsibility. Any proven breach of this trust, irrespective of the quantum of the theft or dishonesty, can render the continued employment relationship intolerable. It is a reminder to all employers and employees that when it comes to theft, size doesn’t matter. What matters is the preservation of trust, the very foundation of any employment relationship.