An employee’s failure to disclose information that would assist the employer’s investigation amounted to derivative misconduct.

In cases where derivative misconduct is alleged, an employer must show that the employee knew or could have acquired knowledge of the misconduct and that the employee unreasonably failed to disclose this knowledge to the employer.

An employee’s reticence in disclosing helpful information may lead to the interference that the employee has something to be justified in instituting disciplinary proceedings derived from an employee’s failure to offer reasonable assistance in detecting those actually responsible for misconduct and through his silence make himself guilty of a derivative violation of trust and confidence.

For further information Dismissal for misconduct, do not hesitate to contact Bernard Reisner:

W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714