LLA 730 Derivative misconduct


Context: this article discusses the relatively unknown and unusual form of misconduct referred to as ‘derivative misconduct’.

Content: If an employee is aware of a crime at the workplace or of misconduct and fails to disclose that information, can the employee be dismissed for derivative misconduct? This article explains the recent Constitutional Court judgement in

National Union of Metalworkers of South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services

(Pty) Limited and Others (28 June 2019), and explains the law as well as the elements (what each party has to prove in a hearing or arbitration) of this form of misconduct.

This article forms part of the book “A Practitioner’s Guide to Unfair Dismissal”. 



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