Ricochet News

Can an employer deduct money from employees for negligence?

By Tracey Mouton - Aug 30, 2018
Can an employer deduct money from 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:

  1. The loss or damage should have occurred in the course of employment and was due to the fault of the employee;
  1. The employer followed fair procedure and gave the employee a reasonable opportunity to show why the deductions should not be made;
  1. The total amount of the “debt” is not to exceed the actual amount of the loss or damage; and
  1. 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 or visit www.goldbergdevilliers.co.za