Category: Dismissals

Provoked unprotected strike: No justification found

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Derivative misconduct analysed: Individual and collective

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd Derivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

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Strike related conduct: Picketing rules breached

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Insurmountable operational requirements: Changes rejected

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

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Dismissing protected strikers: Operational requirements

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Violent protected strike: Fair dismissal for assaults

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Dissociation from strike: What employees must do

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Identifying unprotected strikers: Invalid reason for dismissal

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Unlawful unprotected strike: Sporadic coercive action

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Strike related misconduct: Racially offensive conduct

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Ignored three ultimata: Fair dismissal of strikers

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Shop stewards accountable: Hooliganism and misconduct

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