Page 3 - Business Sense

PAYING IT FORWARD

usa Makhunga’s 2007 as a property management, profits while serving a meaningful
passion for people investment and services business. purpose and giving back to society.
Mand society has been A warehouse and logistics
driven by the need to “pay it component is located at Pran Park As president of the Durban
forward”. He believes that he at Dube TradePort. A location, Chamber of Commerce and
would not have achieved as which Makhunga says, provides a Industry (DCCI), Makhunga is
practices and ensuring that local COLLECTIVE MISCONDUCT
much as he has done in his life competitive advantage as it ticks committed to ethical business
if he was not assisted by the off all the factors a distribution
generosity of other people. centre covering the RSA steel business leaders and government
manufacturing market would work together to stimulate the Patrick Deale, Labour renders the act of the principal
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Makhunga says, “I realise require, including proximity to the city’s economy. Lawyer & Mediator, offenders the act of all. But the
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that if people had not provided ports of entry. “My role as president has Deale Attorneys court has warned employers that
opportunities for growth, I allowed me to develop many the doctrine of common purpose
would not have made it, career The desire to assist people in the insights into the leadership W hat’s must not be used as an excuse
wise. We all need just that one communities Makhunga grew up challenges in the business sector. the for collective punishment, or to
person who believes in our set in is apparent in his co-founding Getting involved at a high level be confused with the concept of
vision and declared commitment of the Nothani Education Trust difference between “collective guilt”.
to it, to make it a bit further. (www.nothani.org.za). This has allowed me to obtain a collective and Derivative Misconduct
national perspective of current
“This past assistance has seen organisation contributes to efforts derivative The doctrine of derivative
Makhunga become a trained aimed at helping communities macro-economic issues in South misconduct misconduct holds that the
teacher and now a businessman, and individuals in Zululand to Africa. Of significance it is and why is it dismissal of an employee is
who has worked in many work themselves out of poverty. necessary to balance business and important to derivatively justified in relation
industries including education, Currently this effort is focused societal needs; these needs should distinguish between them? to the primary misconduct
manufacturing, mining, retail, on funding for five students who be as one, while often they pull in PRASA Case committed by unknown others,
banking and consulting. can’t afford university study. Each different directions. In addition, PRASA had to pay a high price for where an employee, innocent of
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qualifying student is provided a when balancing people’s needs
Makhunga founded the HR full scholarship for the duration and that of profit, we often walk a failing to make the distinction after actual perpetration of misconduct,
Matters company in 2002 as of their study period. The funding tight rope.” it fired 700 employees for derivative consciously chooses not to
an outsource human resources criteria is set at students from a misconduct. They suspected NTM disclose information known to
solutions outfit servicing small, household who have less than “Currently, I find that South members for burning train coaches that employee pertinent to the
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medium and large business, a R6000 per month income, Africans are working in different during a strike about organisational wrongdoing. The concept is
focusing on talent acquisition, although this is about to change directions and it is really important rights. Their suspicions arose from based on the principle that an
training, consulting and HR seeing they are competing with that everyone works together and comments officials made at union employee owes a duty of good
administration. This has been NSFAS with the new free tertiary presents a coherent message. This meetings which the company faith to an employer. The employee
the family focus for the past 13 education arrangement. Of is especially relevant when trying interpreted as inciting employees to breaches the duty if he or she fails
years as he runs this business importance the students are each to attract foreign investors, we are burn trains. to disclose information he or she
with his wife, Nozipho. assigned a mentor to ensure that singing off different hymn sheets.” The company sent a notice to has about activities of others which
undermines the employer’s business
He said that although there had they are able to stay focused and Makhunga commented further striking employees alleging that interests.
been challenges, the decision succeed in their chosen field of that the opportunity to interact they were jointly and severally
responsible for the damage. The
to change his career by joining study. This ensures their assisted with people from the global notice invited them to make written Essential Elements
commerce was a risk that graduates have the needed chamber movement has allowed representations why they should not In the PRASA case, the Labour
has paid off handsomely in social capital to facilitate finding him the occasion to see how other be dismissed. Court found the dismissals were
terms of personal growth and opportunities after university countries perceive the work of substantively and procedurally fair.
development. which is a struggle for people The union’s lawyers provided a But the Labour Appeal Court (LAC)
coming from poor backgrounds business chambers. collective response to the notice in disagreed and found the dismissals
One of Makhunga’s strengths with zero networks to plug into. “This is especially relevant which they denied their members unfair. This was because PRASA
is his entrepreneur spirit. He where these activities are were responsible. It advised had failed to prove the essential
explains, “My mom and my aunt Makhunga commented, “I am that their members offered their elements required for dismissals on
could not afford to provide much passionate about the importance integrated into the local assistance to identify the culprits. the basis of derivative misconduct.
economic strategy. This has
beyond the necessities when I was of education and vocational skills The company rejected this response In summary:
young, so I learnt to ‘hustle’ at an development to the extent I think really opened my eyes to the and dismissed striking employees
early age. At school sports days I the two could well be the panacea work achieved by business who had not submitted individual 1. The information or knowledge
would sell oranges. I was one of of all societal ills.” chambers. The DCCI provides explanations. that the employee fails
a few people who had a camera In the past, Makhunga has national and international to disclose must be “actual
so l took photographs and would been involved with the founding platforms to facilitate inclusive Collective Guilt knowledge”.
send the spool from Zululand to of Mothers-to-Mothers-to-Be and fair trade and I encourage The doctrine of collective guilt 2. The non-disclosure must be
Durban to be printed and then (M2M2B) mentoring programme. other businesses to be part of involves punishing an entire group deliberate.
sell the prints.” And he would full This programme addresses the this movement.” for the misconduct of some of its 3. The seriousness of the primary
local school and township halls needs of pregnant women and In addition, South Africa has members, even though there is misconduct and the rank of
with people, at a fee, to watch mothers living with HIV. The much unfinished business and no evidence to prove common the employee who discloses it,
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hired movie reels, ‘bioscopes’, of programme recognises that it is necessary to get business purpose . The courts have rejected at most affects the gravity of
cowboys, Tarzan and school set these women need support and and authorities to work together this doctrine as being repugnant the non-disclosure.
books, he reminisces with a smile. education and that the best to address issues of inequality, to our law. It runs counter to 4. The employee need not have

Makhunga added that if it was people to provide these services poverty and slow economic the principles of natural justice a common purpose with the
perpetrator.
which recognises that a person
up to him, be it at home, school are fellow mothers living with growth. Of note the SDGs is presumed to be innocent until 5. An explanation for the non-
and in society in general, youth the HIV virus. The model provide many opportunities proved guilty. disclosure is not a defence to
would be encouraged to get out advances six of the 17 United where business can take the lead the charge, but it may be used as
there early, to earn or learn to Nations Sustainable Development and work together in promoting Common Purpose a mitigating factor. n
trade because in the end, the Goals (SDGs) that most directly socio economic development in The doctrine of common purpose
exchange of goods or services affect women and children’s society with its members and imputes liability for an act of the January 2019
will exist forever where there is health, development, and other key stakeholders. These perpetrator of a criminal act to *1 NTM
more than one human being, economic security. goals are significant in that the those who associate themselves 2 Grogan Dismissal 2nd ed. 335
3 Grogan 334
laws or no laws. Those endowed “I get immense fulfilment from DCCI’s vision is: “In Business for with the act before or during its 4 NSGAWU v Coin Security [1997] 1 BLLR
with these learned skills will the philanthropy work I do or have a Better World”. commission. The courts have 85 (IC)
survive no matter where they find done, with my friends and business Makhunga concluded, “We accepted this principle. It is not 5 Western Platinum Refinery Ltd v Hlebela
themselves. associates,” he commented. In each have a responsibility to help necessary to show that each and others

This entrepreneurial acumen saw addition to philanthropic work, South Africa grow – we can’t party performed a specific act to Offices in KZN and Johannesburg
achieve the common objective or
the HR Matters company establish Makhunga enjoys motivating always leave assisting others to contributed causally to the outcome C: 083 375 8771
E: patrick@deale.co.za
HR Matters Properties (HRMP) in other local businesses to generate the next guy.” n – association in the common design www.deale.co.za

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