Worklaw Discussion Forum

Discussion Topic:
If an employee happens to be involved in an accident and damages company property, then we would like to recoup the costs from the employee because negligence/non adherence was a root cause. Can we do that? Any legal advice?   -   Leonard.

Worklaw Response:

Deductions from employees' remuneration due to damage caused by the employee through negligence is covered by section 34 of the BCEA. This means it either has to be by written agreement, failing which as a result of a court order or other lawful means. The conditions in s34(2) also have to be complied with:
  - the damage must have been caused by the employee in the course of employment;
  - the employer must follow a fair procedure, giving the employee a chance to make representations;
  - the total debt cannot exceed the amount of the loss caused;
  - and the deductions cannot exceed 25% of the employee's remuneration.

Chillies Mfeka
This section does seem to leave the employer exposed, if the employee causes massive damage, but maybe the section provides a balancing act to enable the employee to still carry on earning a living wage.

posted on: Tuesday, September 12, 2017 - 1:28:16 PM
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