“…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” (Extract from judgment below)
Our laws and courts provide strong protection for the right of employees to go on strike, and are quick to shield participants in a protected strike from any unlawful action against them by their employers.
But this is subject to the important provision that strikers (and their unions) must always act within the law, which includes the fundamental requirement that strike action must at all times be peaceful and non-violent.
And, as a recent Labour Court decision shows, even employees innocent of any direct involvement in misconduct can be held liable if they refuse to assist in investigating it.
A strike turns violent
Trust, good faith, and the duty to identify offenders
The Labour Court, in upholding all these dismissals as being fair, set out and applied our law on “derivative misconduct” as follows –
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