SEESA Legal Advisors, Ryan King and Johan du Plessis discuss the principle of Double Jeopardy and whether an employer may recover damages from the accused employee.
When an employee causes damage to the property of the employer, or the employee’s misconduct causes his employer to suffer loss, the employer may implement disciplinary action against the employee but may also recover the costs from the employee for the actual loss incurred. Taking both actions against the employee will not constitute Double Jeopardy provided that the employer complies with section 34 of the Basic Conditions of Employment Act.
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