What do HR policies say about employees who are on trial or facing criminal charges?

Loading player...
Can you terminate an employee if they have been charged with a criminal offence? As with most things HR — it’s rarely clear cut, and this kind of situation is no exception. It does depend on the crime and whether they are convicted. There is a distinction between the two. Most importantly however is whether there is a “relevant connection” between any criminal offence committed by an employee, and their actual employment duties, as well as the procedure you follow in seeking termination.

Someone who has simply been charged has not yet had their day in court to defend themselves. If they are charged and later escape conviction, dismissing them could be seen as unfair as it was a premature decision. Moreover, is there a connection between their employment and the offence that was committed outside of work? If this offence was committed at work, then an employer must deal with the matter through the proper disciplinary procedure. Extra caution must be taken if your employee has been charged with an offence outside of the workplace.
4 May 2022 4AM English South Africa Business News · Investing

Other recent episodes

The Unseen Household Tax of Global Tensions

Old Mutual’s Financial Education Programme Manager, Thabo Hollo explains how global geopolitical tensions — from oil supply shocks to inflation risks — are silently eroding household budgets. He outlines the four steps consumers should take now to protect their financial wellbeing.
30 Apr 4PM 9 min

How Online Gambling Is Reshaping SA Spending

Online betting has overtaken casinos as South Africa’s biggest gambling channel. Reona Chetty from Vouch SA explains the data behind the boom, the behavioural patterns emerging in card transactions, and the financial red flags households should watch for.
30 Apr 4PM 15 min

How to Stay Financially Afloat in 2026

With inflation rising, fuel costs climbing, and real salaries slipping, more households are using credit just to get through the month. Momentum’s Salem Nyati breaks down the behavioural shifts, the warning signs of debt distress, and the practical steps families can take to regain control.
30 Apr 4PM 9 min

SA Salary Index: Why Real Earnings Are Falling Behind

South Africans are earning slightly more on paper — but losing ground in reality. Economist Elize Kruger unpacks the latest PayInc Net Salary Index, the 1% real decline in earnings, and why rising fuel prices and corporate caution could squeeze households even further in 2026.
30 Apr 4PM 15 min

How Currency Volatility Is Hitting South African SMEs

A new Verto report warns that currency volatility is now a bigger threat to SME margins than logistics. Rumbi Shoniwa from Verto SA explains how FX swings erode profits and the practical steps SMEs can take to protect themselves.
29 Apr 3PM 11 min