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

Inside Exxaro’s 20% HY’26 Earnings Dip: Costs, Coal & the Road Ahead

Exxaro CEO Ben Magara unpacks the miner’s mixed half‑year performance: revenue up 7% and production up 11%, but headline earnings down 20% amid cost pressure and currency effects. We explore record safety results, stronger export volumes, the manganese acquisition, and Exxaro’s long‑term shift toward energy and future‑facing metals.
20 Aug 12PM 16 min

Rustenburg mayor raises alarm over rise in illegal mining

Rustenburg Executive Mayor Sheila Mabale-Huma has raised concerns over the growing threat of illegal mining in the North West town. Her warning follows the deaths of 14 illegal miners and injuries to scores of others at a disused mine in Nkaneng near Rustenburg. The incident has again highlighted the dangerous…
19 Aug 2PM 10 min

South Africans Under Pressure: Inside the Q2 2026 Debt Index

DebtBusters’ Benay Sager breaks down the latest Debt Index, revealing consumers still using 64% of their income to service debt, with high earners needing 103% just to stay afloat. We unpack the surge in unsecured credit, cost‑of‑living shocks, multi‑lender borrowing, and why debt counselling outcomes are improving despite rising financial…
19 Aug 1PM 8 min

DRDGOLD’s Big Year: Earnings Surge & Vision 2028 Takes Shape

DRDGOLD CEO Niël Pretorius unpacks a standout FY2026 performance, with revenue up 42%, operating profit up 83%, and major Vision 2028 infrastructure coming online. We explore production stability, the company’s debt‑free position, dividend uplift, and how new assets like the Daggafontein TSF and DP2 expansion reshape future output.
19 Aug 1PM 15 min

SA Consumer Price Inflation slows to 4.3% in July

Nedbank Economist Isaac Matshego breaks down South Africa’s July CPI print, which eased to 4.3% as fuel prices softened and goods inflation cooled. We unpack the drivers behind the slowdown, the stubborn pressure from housing and utilities, and what this means for consumer wallets heading into the September MPC meeting…
19 Aug 12PM 16 min