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Article 13/2023

What is the extent of the duty on a person when applying for a job to disclose the circumstances under which his or her employment with a previous employer had been terminated?

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  • In Intercape Ferreira Mainliner (Pty) Ltd v McWade and Others (2019) 30 SALLR 148 (LC), it was held that, when applying for a job, there is a duty to disclose the circumstances under which employment with a previous employer was terminated if it is material to the prospective employer’s decision whether to employ such person or not
  • In similar vein, in Ndudane v Premier of Eastern Cape (2022) 33 SALLR 6 (ECB), it was held that an employee has an absolute duty to disclose such facts that are within his or her knowledge, which are material to a prospective employer’s decision whether to employ him or her
September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.