10 February 2020
In the court case of NUMSA obo Aubrey Dhludhlu & Others and Marley Pipe Systems (SA) (Pty) Ltd, case number JS878/17, the Labour Court had to assess whether more than 100 employees acted with common purpose when they assaulted an employee. The employer argued that all the employees directed their wills and actions towards the achievement of a prohibited result. Those that could get to the employee who was assaulted, physically assaulted him and those that could not, encouraged the others to assault him and rejoiced in the outcome. In considering the matter, the common purpose requirements were restated.