Invictus Group

Dismissal for Sleeping Whilst on Duty

30 January 2025

In fast-paced work environments across South Africa, the concept of sleeping whilst on duty has become increasingly relevant. From healthcare professionals to security personnel, the pressures of long hours and demanding responsibilities can lead to fatigue, but the former could pose serious performance and safety implications in the workplace. Though sleeping on duty may be extremely unprofessional, employers should tread carefully when deciding on the appropriate disciplinary measures in these cases.

How should employers approach these cases?

As soon as an employer wishes to apply discipline in cases where employees were found sleeping whilst on duty, the burden of proof falls on the employer to demonstrate that the employee was indeed asleep during their designated work hours. The employer must gather sufficient and substantive evidence, such as CCTV or video footage, photographs, and witness testimonies, which could assist in building a convincing case. It’s also important to consider circumstantial evidence, such as whether the employee went so far as to create a makeshift bed or showed other signs of intentionally preparing to sleep. The latter considerations play a significant role in cases of gross misconduct. The more compelling the evidence, the stronger the employer’s position in justifying any subsequent disciplinary action.

Before an employer rushes to judgment, it is of vital importance for them to thoroughly consider the circumstances of the case. The following consideration would play a pivotal role in cases where employees caught sleeping whilst on duty - Was the employee’s sleep caused by work-related exhaustion, or could it be a side effect of sleep-inducing medication? A deeper understanding of the underlying causes allows for a fair and balanced approach to any disciplinary action. This principle was vividly demonstrated in the case CWIU v Boardman Brothers (Natal) (Pty) Ltd (1995) 16 ILJ 619 (LAC), where employees were dismissed for sleeping on duty after working illegal overtime. While the overtime was agreed upon by both parties, it inadvertently violated Section 10(1) of the Basic Conditions of Employment Act, which regulates required or permitted overtime for employees. The Court ultimately deemed the dismissal unfair, recognizing that the illegal overtime led to exhaustion, which was the primary cause of the employees falling asleep while on duty.

To prevent such issues, employers should prioritize adding a clear policy to their code of conduct that specifically addresses sleeping on duty and outlines the disciplinary consequences for employees found guilty of this offence. Moreover, employers should aim to ensure that they are compliant with the Basic Conditions of Employment Act (BCEA), especially regarding working hours and overtime. By adhering to these regulations, employers can minimize the risk of work-related exhaustion, ultimately fostering a healthier and more productive workplace.

Contact Invictus for tailored guidance and assistance on dismissals for sleeping on duty cases. Reach out to our office at 086 173 7263 or email us at admin@invictusgroup.co.za. Let us help you ensure your business remains compliant and well-informed.

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