Today's Labour News

newsThis news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.

labourcourtsBusinessTech writes that where employees possess information that would enable an employer to identify wrongdoers and those employees fail to come forward, they are guilty of “derivative misconduct”.  

This is according to Hugo Pienaar and Nomlayo Mabhena of legal firm Cliffe Dekker Hofmeyr, who explained that such conduct violated the trust upon which the employment relationship was founded.  “This concept was confirmed in a recent case where the Labour Court held that an employee bound implicitly by a duty of good faith towards the employer breaches that duty by remaining silent about knowledge possessed by the employee regarding the business interests of the employer being improperly undermined.  The court further held, that on general principle, a breach of the duty of good faith can justify dismissal,” said the experts.

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