The Labour Court held that criminal charges laid by the employer against an employee can never stand in the way of that employer

The two processes are distinct, with different standards of proof and the employee still has the choice in both processes as to which of his rights to exercise and which ones to waive. At the criminal trial he may choose to exercise his right to remain silent because he cannot be forced to testify during trial as he does not have to prove his innocence.

Employment Law experts Fiona Leppan and Biron Madisa unpack this is here.