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Article 58/2021

Labour Edge

What is the content of the reasonableness requirement to be complied with for a secondary strike to be lawful?

The reasonableness requirement involves a proportionality assessment: the harm caused by the secondary strike to the secondary employer must be in proportion to the harm potentially caused to the primary employer as a consequence of the secondary strike.  In the labour court’s view, this called for an assessment of three key issues:

  1. the effect of the secondary strike on the secondary employer;
  2. the possible direct or indirect effect that the secondary strike may have on the business of the primary employer; and
  3. the proportionality of the harm caused to the primary and secondary employers respectively.
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.