Dunlop Mixing and Technical Services (Pty) Ltd and others vs National Union of Metalworkers of South Africa (“NUMSA”) obo Nganezi and others – (2016)25 LC 1.11.15 also reported at [2016] 10 BLLR 1024 (LC).

Subject matter classification:

Practice and procedure- Appeal and review- Substantive fairness in dismissal- Derivative misconduct- Commission for Conciliation, Mediation and Arbitration – Arbitration award – Review of – Commissioner failing to apply concept of derivative misconduct properly – Award set aside.

Dismissal – Derivative misconduct – Employees present during violent strike failing to come forward to either identify actual perpetrators or to explain why they could not – Employees’ silence violating trust relationship – Dismissal fair.