Generally, it is not appropriate to dismiss an employee for a first offence, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable.

Examples of serious misconduct include gross dishonesty or willful damage to the property of the employer, willfully endangering the safety of others, physical assault on the employer, a fellow employee, client or customer, and gross insubordination. It is also important to note that each case should be judged on individual merit.

When is the dismissal unfair?
Whatever the merits of the case for dismissal might be, a dismissal will not be fair if it does not meet the requirements of section 188 of the LRA which states that:

(1) A dismissal is unfair if the employer fails to prove-
(a) That the reason for dismissal is for a fair reason-
(i) Related to the employee's conduct or capacity; or
 ii) Based on the employer's operational requirements; and
(b) That the dismissal was effected in accordance with a fair procedure.
(2) Any person considering whether or not the reason for dismissal is a fair reason or whether or not the dismissal was effected in accordance with a fair procedure must take into account any relevant code of good practice issued in terms of this Act.

If in doubt, remember that MISA is always just a phone call away!

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