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Letter Of Dismissal For Theft Template for South Africa

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Key Requirements PROMPT example:

Letter Of Dismissal For Theft

"I need a Letter of Dismissal for Theft for a retail employee who was caught stealing inventory on security cameras on January 15, 2025; the dismissal needs to be immediate and reference the CCTV evidence."

Document background
A Letter of Dismissal for Theft is a crucial document in South African employment law, used when an employer needs to formally terminate an employee's employment contract due to proven theft. The document must strictly adhere to South African labour legislation, particularly the Labour Relations Act 66 of 1995 and the Code of Good Practice on Dismissals. It should only be issued after a proper disciplinary hearing has been conducted and a finding of guilt has been made. The letter serves as official documentation of the dismissal decision and must include specific details about the offense, reference to evidence presented, the outcome of the disciplinary process, and final employment arrangements. This document is particularly important as it may be scrutinized in potential CCMA disputes or labour court proceedings, making it essential that it demonstrates both procedural and substantive fairness in the dismissal process.
Suggested Sections

1. Letter Header: Company letterhead, date, reference number, and addressee details

2. Subject Line: Clear indication that this is a notice of dismissal

3. Opening Statement: Reference to disciplinary hearing date and outcome

4. Details of Misconduct: Clear description of the theft incident(s) and findings

5. Legal Basis: Reference to relevant company policies and South African labour laws

6. Dismissal Declaration: Formal statement of termination and effective date

7. Final Instructions: Instructions regarding last working day, company property return, and final pay arrangements

8. Closing: Signature block with details of the authorized company representative

Optional Sections

1. Appeal Rights: Information about the employee's right to appeal the dismissal decision - include if required by company policy

2. Non-Disclosure Reminder: Reminder of ongoing confidentiality obligations - include if employee had access to sensitive information

3. Reference Policy: Company's policy regarding future employment references - include if company has specific policies

4. Outstanding Loans/Advances: Details of any money owed to the company - include if applicable

5. Benefits Information: Information about termination of benefits, pension, medical aid - include if applicable

Suggested Schedules

1. Disciplinary Hearing Minutes: Copy of the minutes from the disciplinary hearing

2. Investigation Report: Summary or full report of the theft investigation

3. Evidence Documentation: Copies of relevant evidence supporting the theft allegation

4. Final Payment Calculation: Detailed breakdown of final payment including leave pay-out and deductions

5. Company Property Checklist: List of company property to be returned before final departure

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses

















Relevant Industries

Retail

Manufacturing

Financial Services

Mining

Healthcare

Hospitality

Transportation

Construction

Information Technology

Agriculture

Education

Logistics

Professional Services

Public Sector

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Operations

Risk Management

Security

Industrial Relations

Employee Relations

Corporate Services

Management

Relevant Roles

Human Resources Manager

HR Director

Employee Relations Manager

Legal Counsel

Compliance Officer

Department Manager

Line Manager

Operations Manager

General Manager

HR Business Partner

Industrial Relations Manager

Chief Human Resources Officer

Risk Manager

Security Manager

Corporate Services Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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