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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 7, 2026

The previous article dealt with the distinction between misconduct constituting desertion and misconduct constituting abscondment – see, further, in this regard, Okhahlamba Local Municipality v Mabuya (2021) 32 SALLR 12 (LC).

In this article, what we attempt to do is provide some clarity as to a very different misconduct, namely, the misconduct of deeming desertion.

August 31, 2026

What is the difference between desertion and abscondment?

August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?