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

SA Tourism returns to Pre-Pandemic Shine

South Africa welcomed 10.5 million tourists in 2025, surpassing pre‑pandemic levels for the first time. To unpack what this means for the industry, for jobs, and for South Africa’s global competitiveness, we’re joined by Thandiwe Mathibela, GM: Global PR, Communications, and Stakeholder Relations
2 Apr 5PM 12 min

Easter getaway: Five critical insurance checks

For families preparing to travel this weekend, there are a few top actions they should take to ensure their cover is valid. Understanding your obligations is as important as having a policy. We’re joined now by John Manyike, Head of Financial Education at Old Mutual, to unpack the biggest risks…
2 Apr 5PM 8 min

Pivot Point – Ramano on Transforming SA Leadership

For today’s Pivot Point feature, we’re joined by Ms. Tryphosa Ramano for a conversation about leadership, transformation, and the future of South Africa’s financial sector. We celebrate her three‑decade career defined by financial stewardship and a relentless commitment to transformation.
2 Apr 4PM 24 min

SA’s two-pot system sees repeat withdrawals

Since South Africa’s two-pot retirement system went live in September 2024, AlexForbes has now processed and paid more than one million savings-pot withdrawal claims, marking one of the largest operational undertakings in the country’s retirement industry. With more on the story behind the numbers, Vickie Lange, Head of Solutions Enhancement…
2 Apr 4PM 14 min

5 Easter scams to watch out for

RCS says holiday periods create the perfect storm: people are traveling, shopping online, and spending more time on social media—all moments when vigilance naturally drops. The company has identified six major scam types that tend to spike during school holidays, and Audrey Roberts, Customer Operations Executive at RCS, joins us…
2 Apr 4PM 12 min