ABSTRACT

It is sometimes the practice in manufacturing workplaces – particularly where raw materials or finished products are an attractive commodity to the employee and can be secreted on the person – for the conditions of employment to include a clause concerning personal searching. This may also apply to retail or other establishments where there is obvious temptation and opportunity but where searching may be restricted to bags, parcels and the like. When an employee accepts an offer of employment under the conditions, a contract has been made between employee and employer. Thereafter, if the employee fails to comply with the conditions,

the contract is broken, rendering the employee liable to disciplinary action, which could result in dismissal.