A legal analysis of common purpose dismissal on cases dealing with violent strikes in South Africa

Abstract

This research examines the common purpose doctrine within South African labour law, particularly regarding instances where employees participate in violent strikes. The notion of active association is central to ascertaining individual liability in cases of collective misconduct, yet its definition remains ambiguous and lacks clarity in South African labour law. This vagueness causes confusion and uncertainty, potentially resulting in unfair outcomes, such as dismissing employees who may not have directly participated in the violence. In this context, the study aims to deliver an in-depth examination of the notion of active association, its consequences for employee terminations during violent strikes, and the wider ramifications for equitable labour practices in South Africa.