See no evil, speak no evil: reporting misconduct

Enforcing workplace rules frequently relies on employees reporting misconduct that they have witnessed by fellow employees to their employer. This is vital for maintaining workplace discipline and ensuring that employees adhere to the employer’s rules. But what is the worst that can happen to an employee who elects to protect a fellow employee by keeping quiet about their transgressions?

The CCMA recently adjudicated an unfair dismissal dispute in the case of Makhoba v The Magic Company [2024] 6 BALR 632 (CCMA). In this matter, the employer found two employees close to one another who appeared to have been consuming alcohol on the employer’s premises. The employer could not prove that the dismissed employee B indeed consumed alcohol on the employer’s premises.

The employer’s policy specifically provided that “the employee shall immediately report any breach of company standards and rules.” Employee B was aware of this rule in the workplace and could offer no plausible reason for his failure to report employee A’s misconduct as he had had sufficient time to do so.

The CCMA also mentioned that Employee B’s dishonesty during testimony coupled with his lack of remorse and lack of appreciation for the wrongfulness of his conduct pointed to the unlikelihood of the possibility of correcting Employee B’s behaviour through progressive discipline. In light thereof, it was found that the employer’s dismissal was substantively fair. The CCMA thereby confirmed that a failure to report wrongdoing could lead to dismissal as a valid sanction by an employer.

Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).

Source: SeymoreDutoit&Basson