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For most employers, workplace misconduct is easy to identify - fraud, theft, gross insubordination, etc. But what about an employee who spends hours scrolling through social media, taking extended smoke breaks, or running personal errands during company time? Time theft is a growing concern in the workplace, yet many employers struggle to determine when it becomes severe enough to warrant disciplinary action or even dismissal.
Time theft occurs when an employee gets paid for time they are not actually working. This could be deliberate (such as clocking in but not working) or passive (such as engaging in excessive personal activities during work hours). Typical forms of time theft include:
Employers are often unsure how to manage time theft, mainly when it seems minor. The key question is: When does wasting time cross the line into becoming a dismissible offence?
Not every case of time theft warrants immediate dismissal. The LRA requires dismissals to be both substantively and procedurally fair, meaning an employer must prove that:
Case law has shown that not all instances of time-wasting justify dismissal, but there are exceptions. For example:
To avoid grey areas and legal risks, employers should:
While no one is productive 100% of the time, excessive time theft is a legitimate workplace concern. Employers must strike a balance between flexibility and accountability, ensuring that employees understand expectations while enforcing policies fairly. When managed correctly, time theft can be prevented before it ever reaches the point of dismissal.