Tag archives: derivative misconduct

The Constitutional Court rules on derivative misconduct

By Karen Ainslie (ZA) on July 4, 2019 Posted in South Africa

In a unanimous judgment, the Constitutional Court has brought certainty to the test for derivative misconduct and what an employer who wants to rely on such conduct must prove to justify dismissal. This judgment is National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd … Continue reading

Snitch…or you could lose your job

By Karen Ainslie (ZA) on November 9, 2016 Posted in South Africa

This article was written by Anè Potgieter, an Associate at Norton Rose Fulbright South Africa A striking employee can be guilty of derivative misconduct and fairly dismissed if the employee fails to come forward and assist the employer to identify the perpetrators of misconduct during a strike. Derivative misconduct includes the failure to disclose information … Continue reading