Misconduct in a previous period of employment: Kleinsmith v Commission for ConCiliation mediation and arbitration and others
Author Alan Rycroft
ISSN: 2413-9874
Affiliations: Emeritus Professor, Faculty of Law, University of Cape Town
Source: Industrial Law Journal, Volume 47 Issue 4, 2026, p. 2274 – 2280
https://doi.org/10.47348/ILJ/v47/i4a4
Abstract
Kleinsmith v CCMA & others concerns an employer’s right to discipline an employee for misconduct which occurred in an earlier period of employment with the same employer. Factors impacting on fairness are considered, as well as statutory examples of the continuity principle.