Notes: Strikingly Misconceived: National Union of Metalworkers of SA on behalf of Nganezi & others v Dunlop Mixing & Technical Services (Pty) Ltd & others (Casual Workers Advice Office as Amicus Curiae) (2019) 40 ILJ 1957 (CC)
Author Martin Brassey SC
ISSN: 2413-9874
Affiliations: BA (UCT), LLB and HDipTax (Wits), Visiting Professor of Law (Wits), Senior Counsel
Source: Industrial Law Journal, Volume 45 Issue 1, 2024, p. 1 – 24
https://doi.org/10.47348/ILJ/v45/i1a1
Abstract
In this case note I endorse the conclusion reached in Dunlop but quarrel with the reasoning by which it was reached. In particular, I think the treatment of the duty of fidelity, reciprocally owed by each party to the other under the employment contract, was thoroughly misconceived.