Aligned with the Sept 2025 Code of Good Practice: Dismissal•ECTA Sec 13 Compliant Digital Signatures•Instant PayFast Checkout (Capitec Pay & Instant EFT)
What must be proven: Show how the outside work conflicts with or harms the business; Check the contract/policy on outside employment and disclosure.
First-offence guideline: Moonlighting is not automatically misconduct — you must show it harmed the employer: competing with the business, working during contracted hours, or affecting performance. A written warning with a disclosure requirement is common for a first offence.
Recommended action mode: Direct Warning Pack — corrective discipline is usually appropriate for a first offence; escalate to a hearing for repeat or serious cases.
Example wording: It is alleged that on or about 15 January 2026, you engaged in undisclosed outside employment and/or placed yourself in a conflict of interest in that you as will be set out in evidence at the hearing, without the Company's knowledge or consent, in breach of your duty of good faith.
Or pick the closest symptom — we configure the charge, alternative and action mode:
No automatic alternative for this offence. Do not add an unsupported allegation.
Prior warnings on file
None recorded.
Understanding this offence: Undisclosed Moonlighting & Conflict of Interest
LRA 66 of 1995; the common-law duty of good faith and fidelity; Code of Good Practice: Dismissal (Sept 2025).
Standard charge formulation
It is alleged that on or about 15 January 2026, you engaged in undisclosed outside employment and/or placed yourself in a conflict of interest in that you as will be set out in evidence at the hearing, without the Company's knowledge or consent, in breach of your duty of good faith.
First-offence sanction guideline: Moonlighting is not automatically misconduct — you must show it harmed the employer: competing with the business, working during contracted hours, or affecting performance. A written warning with a disclosure requirement is common for a first offence.
CCMA procedural fairness checklist
Show how the outside work conflicts with or harms the business
Check the contract/policy on outside employment and disclosure
Establish whether the employee worked for a competitor
Assess impact on the employee's performance and availability
Give the employee an opportunity to disclose and explain
Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.
Standard charge formulation
It is alleged that on or about [DATE], you engaged in undisclosed outside employment and/or placed yourself in a conflict of interest in that you [CONDUCT], without the Company's knowledge or consent, in breach of your duty of good faith.
Statutory guidance
Statutory reference
LRA 66 of 1995; the common-law duty of good faith and fidelity; Code of Good Practice: Dismissal (Sept 2025).
First-offence sanction guideline
Moonlighting is not automatically misconduct — you must show it harmed the employer: competing with the business, working during contracted hours, or affecting performance. A written warning with a disclosure requirement is common for a first offence.
Category
Misconduct
CCMA procedural fairness checklist
Show how the outside work conflicts with or harms the business
Check the contract/policy on outside employment and disclosure
Establish whether the employee worked for a competitor
Assess impact on the employee's performance and availability
Give the employee an opportunity to disclose and explain
Frequently asked questions
Can I stop an employee from having a second job?
Only where it conflicts with your business, breaches the contract, or harms performance. A blanket ban must be reasonable.
Is moonlighting automatically dismissible?
No. Working for a competitor or during your hours can justify strong sanctions; harmless side work usually does not.