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Misconduct · Charge Sheet Template

Undisclosed Moonlighting & Conflict of Interest Charge Sheet & Hearing Pack

Charge sheet for undisclosed outside work (moonlighting) and conflict of interest under the Sept 2025 Code of Good Practice: Dismissal.

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Step 1 · Offence & Statutory Guardrail Intake

No login needed. Your answers autosave on this device and to a secure draft.

2025 Code Offence Guide & Sanction Rule — Undisclosed Moonlighting & Conflict of Interest

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

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

Statutory guidance

Statutory referenceLRA 66 of 1995; the common-law duty of good faith and fidelity; Code of Good Practice: Dismissal (Sept 2025).
First-offence sanction guidelineMoonlighting 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.
CategoryMisconduct

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.