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DERIVATIVE MISCONDUCT

A particularly interesting judgement of Judge Gush in DUNLOP MIXING and NUMSA, CCMA AND ANOTHER (D354/14) dealing with employee’s duty to disclose to their employer information regarding the perpetrators of violence, intimidation and harassment. It deals with what inference can be drawn where employees simply refuse or fail to give any explanation to their employers and when an inference can be drawn when an employee was present even when not individually identified. A judgement anyone dealing with the ubiquitous violent strikes should be familiar with. More to follow

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