Abstract
This minor dissertation critically evaluates a peculiar form of dismissal in South African labour law. This odd type of dismissal is called derivative misconduct. This form of dismissal is parasitic and dependent upon the existence of an initial and preceding instance of misconduct. What gives derivative misconduct its peculiar shape is that the employee is not dismissed for the initial and preceding misconduct but for a subsequent secondary act that involves a failure by the employee to disclose information regarding the primary misconduct. This study will track the evolution of the concept of the derivative misconduct. It will comprehensively engage the various justifications proffered for the concept. It will also offer a comprehensive account of the nature of the concept of derivative misconduct...
LL.M. (Labour Law)