Moonlighting has become more common for those looking to earn additional income, but do employees need to disclose their side businesses to their employers, especially when a conflict of interest is possible?Bakenrug meat Ltd t/a Joostenberg Meat v CCMA and others“The employer’s business in this matter was the production and sale of a range of meat products. The employee was a sales representative at the business.
“As a result, the employer should have been made aware of the employee’s activities to decide whether there was a conflict of interest. The failure to inform the employer amounted to dishonesty, and it was insignificant that the employee did not market identical meat products in comparison to the employer,” ENSAfrica said.Aggrieved by the commissioner’s findings, the employee launched a review application in the Labour Court.
Firstly, he accepted that there is no duty for an employee to inform their employer about a potential conflict of interest. An employee is only required to inform an employer of a potential conflict where there is competition of some sort. Cele then found that the evidence failed to establish that the employee was guilty of the charge that she ‘took on employment whilst also working in another capacity.