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South Africa decisions
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Rolfes Chemicals (Pty) Ltd v Moni N.O and Others (JR 2734/19; JR 472/21) [2024] ZALCJHB 408 (14 October 2024)
Labour Court held that refusing reasonable polygraph-related instructions amid stock-theft suspicions was gross insubordination; dismissals of two employees were fair.
Phaleng-Podile v Compeg Services (Pty) Ltd and Others (22/19883) [2024] ZAGPJHC 481 (6 May 2024)
The High Court dismissed an application for leave to appeal, finding the grounds inadequately framed and no reasonable prospect of a different outcome.
HOD Sports, Arts, Culture and Recreation- Free State v NEHAWU obo Masekoa and Others (DA 9/21) [2022] ZALAC 113; (2023) 44 ILJ 147 (LAC) (18 October 2022)
The Labour Appeal Court held that a senior public servant’s guesthouse contract with the department created a serious conflict of interest justifying dismissal.
Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation and Arbitration and Others (CA8/2020) [2022] ZALAC 4; [2022] 4 BLLR 319 (LAC); (2022) 43 ILJ 1272 (LAC) (18 January 2022)
The Labour Appeal Court held that an employee’s undisclosed side-line meat business breached her duty of good faith, so the dismissal was fair.
National Union of Metalworkers of South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others (CCT202/18) [2019] ZACC 25; 2019 (8) BCLR 966 (CC); (2019) 40 ILJ 1957 (CC); [2019] 9 BLLR 865 (CC) ; 2019 (5) SA 354 (CC) (28 June 2019)
The Constitutional Court held that the doctrine of derivative misconduct does not justify dismissal of employees who were not individually identified as present during violent incidents in a protected strike, unless the employer can prove actual knowledge and a reciprocal duty of good faith exists. The imposition of a unilateral duty to disclose information about co-workers' misconduct would undermine collective bargaining and worker solidarity, especially in the context of a strike. The employer's reciprocal duty of good faith requires, at minimum, guarantees of safety for employees before e…
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National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (DA16/2016) [2018] ZALAC 19; [2018] 10 BLLR 961 (LAC); (2018) 39 ILJ 2226 (LAC); 2018 (6) SA 240 (LAC) (17 July 2018)
Labour Appeal Court upheld dismissals for derivative misconduct after a violent strike, finding the employees’ silence and inferred knowledge justified dismissal.
Commissioner for the South African Revenue Services v Bachir and Others (87306/2014) [2016] ZAGPPHC 251 (22 April 2016)
The High Court refused to confirm SARS’s provisional tax preservation order, finding material non-disclosure in an ex parte revival application.
Western Platinum Refinery Ltd v Hlebela and Others (JA32/2014) [2015] ZALAC 20; [2015] 9 BLLR 940 (LAC); (2015) 36 ILJ 2280 (LAC) (3 June 2015)
The court held that the dismissal of the employee for non-disclosure of personal financial information did not constitute derivative misconduct. The information demanded by the employer was not knowledge of wrongdoing but rather personal financial details, which do not fall within the scope of the duty of good faith to disclose actual knowledge of misconduct. The employer failed to prove that the employee had actual knowledge of wrongdoing or that his silence was culpable. The evidence presented was insufficient to establish any link between the employee's assets and the alleged theft of plat…
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Valoyi v Absa Idirect Limited (27970/2011) [2014] ZAGPPHC 383 (12 June 2014)
The High Court held that the insured disclosed the relevant facts about his prior insurer’s refusal to cover him and that the insurer was not entitled to repudiate the claim.
Mohamed v Genis Medical Scheme (17351/2010) [2010] ZAWCHC 475 (15 September 2010)
The court dismissed an urgent application to reinstate medical scheme membership, finding material non-disclosure and misrepresentation in the application form.
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