Reply To: CAN EXPIRED WARNINGS BE USED AS AGGRAVATING CIRCUMSTANCES

[Ingrid Lewin]

The prevailing case law on the subject is still NUM v Northam Platinum [2014] 9 BLLR 870 (LAC) which held that an employee’s written warnings, even after they have lapsed, may be taken into account in determining the fairness of a dismissal, if the employee is found to have a propensity to commit misconduct at convenient intervals falling outside the period of applicability of the written warnings. This case is cited with approval at paragraph 26 of the Njobe judgment.