MAY AN EMPLOYER DEDUCT MONIES FROM ITS EMPLOYEES FOR NEGLIGENCE?
In terms of Section 34 of the Basic Conditions of Employment Act (BCEA), an employee may make a deduction should such deduction need to be made to reimburse an employee for loss or damages.
For such a deduction to be made, the following criteria are to be met:
- The loss or damage should have occurred in the course of employment and was due to the fault of the employee;
- The employer followed fair procedure and gave the employee a reasonable opportunity to show why the deductions should not be made;
- The total amount of the “debt” is not to exceed the actual amount of the loss or damage; and
- The total deductions from the employee’s remuneration in terms of the above may not exceed one quarter of the employee’s remuneration in money.
It is very important when a chairperson is considering charges of negligence that he/she applies his/her mind in relation to the reimbursement by the employee of the loss suffered.
Tracey Mouton, Director and head of the Employment and Labour Law Department at Goldberg & de Villiers Inc will expertly assist you in handling such an enquiry to ensure that your Company is appropriately safeguarded. Contact Tracey on traceym@goldlaw.co.za or Tel: 041 501 9818.
www.goldbergdevilliers.co.za
