Cases listed under subject matter

Assault and fighting

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AJ Charnaud and Company v SACTWU obo Members and Others (DA 9/23) [2024] ZALAC 33 (17 July 2024)

A resort to violent protest is an act of serious misconduct for which the sanction of dismissal is undoubtedly an appropriate penalty.

ASA Metals (Pty) Ltd (Dilokong Chrome) v Commission for Conciliation, Mediation & Arbitration & others (2013) 34 ILJ 350 (LC)

There is a distinction between a deliberate assault and an assault brought about by a scuffle between employees. Surrounding circumstances must never be ignored.

FAWU & others v Amalgamated Beverages Industries Ltd (1994) 15 ILJ 1057 (LAC)

Where there is an assault by a group of employees and the perpetrators are not individually identified, dismissals may be justified when the only inference is that the employees were all present and either participated or supported the assault.

Foschini Group (Pty) Ltd v CCMA & others (2001) 22 ILJ 1642 (LC)

Even where an assault takes place away from the workplace, it can impact on work relationships in a damaging way, justifying dismissal.

Nampak Products (Pty) Ltd t/a Megapak v CCMA and Others (C512/2018) [2021] ZALCCT, delivered on 24 June 2021

Was the extent of the provocation such that it would have caused a reasonable person to respond in that way? Even if a co-worker's behaviour is petty, insulting, irritating and challenging, this is not justifiable provocation.

Nelson Mandela Bay Metropolitan Municipality v Independent Municipal & Allied Trade Union (IMATU) obo Johannes Tshabalala and Others (PA8/2017) [2018] ZALAC 60; [2019] 3 BLLR 239 (LAC); (2019) 40 ILJ 1021 (LAC) (3 December 2018)

Provocation may ameliorate the sanction or exonerate the employee if acting in self-defence. Where an employee is the aggressor it is unlikely s/he can claim provocation.

Nelson Mandela Bay Metropolitan Municipality v Independent Municipal & Allied Trade Union (IMATU) obo Johannes Tshabalala and Others (PA8/2017) [2018] ZALAC 60; [2019] 3 BLLR 239 (LAC); (2019) 40 ILJ 1021 (LAC) (3 December 2018)

Certain acts of misconduct, such as assault, are of such a serious nature that length of service as a mitigating factor may not save an employee from dismissal.

SACTWU v HC Lee Co (Pty) Ltd (1997) 18 ILJ 1120 (CCMA)

Even where an assault takes place away from the workplace, it can impact on work relationships in a damaging way, justifying dismissal.

Tedco Plastics (Pty) Ltd v NUMSA & others (2000) 21 ILJ 2710 (LC)

An act of self defence against an aggressive act cannot reasonably be construed as provocation of a subsequent more violent provocation by the original aggressor.

Trident SA (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR1337/10) [2011] ZALCJHB 262 (31 August 2011); (2012) 33 ILJ 494 (LC)

Where an employee has sufficient opportunity to respond to provocative action and does not use grievance procedures, the defence of provocation cannot be sustained.