Dismissal for misconduct: the interplay between an employee's duty of good faith and insubordination

Abstract

This mini-dissertation seeks to address the role that good faith plays in the employer employee relationship within the South African context. It discusses the origin of good faith principle in labour relations towards its development within South African law and then deliberating the uniform application between the Labour Relations Act 66 of 1995, CCMA Rules, common law and case law. The judgement of the Labour Appeal Court in Kaefer Energy Projects (Pty) Ltd v CCMA & Others [2022] 2 BLLR 166 (LAC) is critically analysed to understand the position and applicability of good faith within the employment relationship. Methodologically, the study adopts a doctrinal legal studies approach, combining it with case analysis strategy. The research concludes by placing good faith in its current role within the realm of employment relationships and in South African labour law, as well as proposing a way forward