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:

• Excessive social media use or online browsing.
• Frequent personal phone calls or messages.
• Taking extended lunch breaks, tea breaks, or smoke breaks.
• "Pretend work" - appearing busy while doing non-work-related activities.

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:

1. The employee’s conduct amounted to serious misconduct.
2. The employer followed due process before taking action.

Case law has shown that not all instances of time-wasting justify dismissal, but there are exceptions. For example:

• Where time theft becomes habitual and excessive: An employee who repeatedly fails to perform their duties due to personal distractions can face dismissal for poor work performance or even dereliction of duty.
• Where dishonesty is involved: Employees who manipulate timesheets or engage in buddy clocking can be dismissed for gross dishonesty.
• Where productivity is severely impacted: If an employee’s conduct directly costs the company money, it may justify termination.

To avoid grey areas and legal risks, employers should:

1. Set clear policies: A workplace policy should define time theft and outline consequences.
2. Monitor productivity fairly: Reasonable monitoring (such as internet tracking, timesheets, and performance reviews) can help identify problems early.
3. Use progressive discipline: Before resorting to dismissal, issue warnings or performance improvement plans where appropriate.
4. Ensure fair procedures: Any disciplinary action must comply with the principles of substantive and procedural fairness.

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.