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Labour Law FeatureOne of the first questions a personnel agency or prospective employers asks is: “Do you have a criminal record and do you object to a criminal check?”.

In general, employment is dependant on not having a criminal record. However, what happens when an employee commits a crime whilst in your employ?

And even more so, what happens when that employee is arrested and incarcerated without you, as the employer, having had the opportunity to perform your own disciplinary hearings with regard to his criminal offence? Would it be fair to dismiss an employee for absconding when he has been incarcerated without the opportunity of being able to attend a disciplinary hearing?

Taking into consideration that the Labour Relations Act allows for informal disciplinary hearings, surely one can endeavour through proper affidavits and visitation rights, to afford such an employee a fair hearing and adhere to the Audi Alteram Partem rule without having to be in the room with the employee for the hearing?

Are you faced with a situation like this? Speak to us for advice and how to get yourself out of this pickle.