Johannesburg - The National Union of Metalworkers of SA has told the Constitutional Court that workers should not be dismissed for refusing to tell on their colleagues as this practice is inherently dangerous and risky.
Numsa is fighting for 65 of its members fired for derivative misconduct after a 2012 strike at Dunlop’s three associated companies in Howick, KwaZulu-Natal.
Derivative misconduct is misconduct where innocent workers are dismissed for not revealing the identities of their colleagues involved in committing the acts of misconduct during strike action to their employer when, in fact, they have information to identify the perpetrators.
It has been found that derivative misconduct is essentially a breach of the duty of good faith and the culpability of the actual perpetrators is attributed to innocent employees too.
But Numsa insists that workers should not be dismissed for derivative misconduct because they fear being seen as informers and risk their lives.