Confessions In Employment Law – Brauns And Others v Wilkes N.O And Others


In the case of Brauns and Others v Wilkes N.O and Others, the Labour Appeal Court (LAC) dealt with the dismissal of former employees from the South African Police Service (SAPS) for dishonesty related to overtime claims. The appellants, including Mr. Brauns, were accused of misrepresenting entitlement to overtime payments and defrauding the state. The LAC upheld the Commissioner’s finding that the dismissals were substantively fair due to the elements of dishonesty destroying the trust relationship between the parties.

Enunciation of the Law Surrounding Confessions:

The employment relationship imposes an obligation on employees to act honestly and in good faith, safeguarding the interests of the employer. Courts consistently emphasize the significance of honesty, considering dismissal for dishonesty fair when trust restoration becomes unlikely, and dismissal is a reasonable response to risk management. In Brauns and Others, the court highlighted that the nature of employment necessitates honesty, making the destruction of trust through dishonest conduct a valid reason for dismissal.

Court Findings:

The appellants, accused of fraudulent overtime claims, were dismissed by SAPS. The Commissioner, after an internal appeal, found the dismissals substantively fair, a decision upheld by the LAC. The case featured a significant element – Mr. Brauns‘ confession, which became a focal point in the legal analysis. The LAC affirmed the admissibility of the confession, highlighting the importance of a valid confession in disciplinary matters.

Confessions in Employment Law:

The Brauns case sheds light on the legal principles surrounding employee confessions. A confession, in the context of labour disciplinary proceedings, is an acknowledgment by an employee of fault, wrongdoing, or breach of a rule. For a confession to be valid, it must be freely and voluntarily made without coercion, clear, unambiguous, and the employee must understand its consequences.

Key Takeaways on Confessions:

  1. Validity Requirements: Employers must prove that a confession was freely and voluntarily made without coercion or intimidation, and the employee clearly understood its consequences.
  2. Confession and Dismissal: A confession alone cannot justify dismissal. Employers must follow a fair procedure and determine if there’s a substantive reason for termination.
  3. Fear of Criminal Prosecution: Whether a confession is valid if made in fear of criminal prosecution depends on the circumstances. It may be considered involuntary if influenced by a promise or threat.
  4. Access to Information: An employee’s confession can inform charges, but it doesn’t render the confession invalid if made before knowing the charges. Confessions are part of the investigation.


In the Brauns case, the LAC affirmed the validity of Mr. Brauns’ confession, considering it willingly made before an independent magistrate. The court emphasized that a confession alone doesn’t warrant dismissal; a fair procedure and substantive reasons are essential. Employers should be cautious when relying on confessions, ensuring they meet the criteria of voluntariness and clarity. The case underscores the importance of fairness in employment law, even when dealing with confessions, to ensure just outcomes in disciplinary matters.

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