LEGAL PRINCIPLE: LABOUR LAW — Summary Dismissal — Criminal Prosecution — Whether a Condition Precedent
PRINCIPLE STATEMENT
Criminal prosecution is not a condition precedent for summary dismissal; the employer has a choice to either prosecute the erring servant or dismiss summarily.
RATIO DECIDENDI (SOURCE)
"Where an employee has been found guilty by a disciplinary committee of any of the gross-misconducts highlighted above, the master has a choice either to exercise his or its discretion in favour of prosecuting the erring servant or dismissing him summarily as in the instant case. In other words prosecution before a court of law, in the circumstances, is not a sine qua non for summary dismissal."
EXPLANATION / SCOPE
An employer may summarily dismiss an employee for gross misconduct without first prosecuting them criminally. Criminal prosecution is not a condition precedent to dismissal. The employer has a choice: prosecute, dismiss, or both. The principle reflects that employment disciplinary proceedings are separate from criminal proceedings. The standard of proof differs (balance of probabilities vs. beyond reasonable doubt). The employer may act on its own disciplinary findings. The employee cannot challenge dismissal on the ground that no criminal conviction was obtained. The rule applies to private employment. The employer may still report the matter to the police. The employee may face both dismissal and criminal prosecution. The principle protects the employer’s right to maintain discipline.