2023
DOI: 10.17159/obiter.v44i1.15950
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Judicial Scrutiny of Derivative Misconduct in South African Employment Law: A Careful Approach to the Duty to Speak

Abstract: The concept of derivative misconduct has in the past come to the aid of employers in disciplining employees who are reticent about disclosing information that would support the prosecution of an offence. Though dismissal based on derivative misconduct is designed to target the perpetrators of the original misconduct, the justification is wide enough to encompass those innocent of it, but who through their silence make themselves guilty of a derivative violation of trust and confidence. In applying the concept … Show more

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