In August 2025, the Labour Court delivered a judgment that sent ripples through the HR and business community: JDG (Pty) Ltd t/a Hi-Fi Corporation v Shear and Others. At first glance, it may seem trivial, a few rands spent on chocolates out of company petty cash. But the decision is a stark reminder that in the workplace, dishonesty is never a small matter.
What Happened?
A senior sales manager was given petty cash to purchase stationery for a store promotion. While at the shop, she also bought two chocolates for herself, using the same transaction. She submitted the receipt, which included the chocolates, but she never told her employer about the personal items or reimbursed the money.
When the company discovered this, she was charged with misuse of company funds and dishonesty. The sanction imposed: dismissal.
The Employee’s Defense
The employee argued that:
She had no intention to hide the purchase because she handed in the till slip with the chocolates listed.
The value was negligible and could not reasonably justify dismissal.
Her clean disciplinary record should have weighed in her favour.
The CCMA’s Finding
The commissioner at the CCMA agreed with the employee. He found that while the purchase was inappropriate, dismissal was too harsh a sanction. He ordered her reinstated, reasoning that the amount was small, there was no cover-up, and progressive discipline could have corrected the behaviour.
The Labour Court’s Critique
The Labour Court strongly disagreed. In overturning the CCMA’s ruling, the Court emphasised:
Dishonesty destroys trust — whether the amount is large or small is irrelevant. Once an employer can no longer trust an employee, especially in a senior role, the employment relationship is compromised.
Position of trust matters — as a senior manager, she was expected to model ethical conduct, not undermine it.
The commissioner erred — by focusing narrowly on the small value and clean record, the CCMA failed to consider the core issue: the breakdown of trust.
The Court reinstated the employer’s decision to dismiss, sending a clear message: even “minor” dishonesty may justify dismissal if it undermines confidence in the employment relationship.

Why Trust is Non-Negotiable
The employment relationship is built on trust. Employers trust employees to handle resources, follow rules, and act honestly. Once dishonesty creeps in, even in small ways, the foundation of that relationship is shaken.
South African case law has long recognised dishonesty as a potentially dismissible offence, not because of the amount of money or the scale of the misconduct, but because of what it represents: a breach of integrity.
What Employers Must Learn from This Case
This case is a wake-up call to all employers, especially small businesses and NPOs:
Clear policies protect you. If your petty cash, disciplinary, or code of conduct policies are vague or non-existent, you will struggle to enforce consequences.
Procedures matter. Even when misconduct is obvious, you can lose at the CCMA if the disciplinary process was not fair and consistent.
Trust is the line in the sand. Courts will back dismissals where dishonesty destroys the relationship, but only if your process is beyond reproach.
How I Can Help You Safeguard Your Business
At Legal Assist Solutions, I specialise in helping small businesses and NPOs prevent costly CCMA losses by putting the right documents and processes in place.
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