Labour Relations South Africa

  🚪 Job Hunting While Employed: Courts Say It’s Not Automatically Misconduct Introduction In 2026, South African Labour Court and CCMA rulings have once again reminded employers that employees are entitled to seek alternative employment while still employed . Updating a CV, attending interviews, or even speaking to competitors is not misconduct in itself. The law draws a sharp distinction between lawful job hunting and actual misconduct. Unless there is dishonesty, disclosure of confidential information, or demonstrable prejudice to the business, disciplinary action will not survive scrutiny at the CCMA or Labour Court. ⚖️ General Guidance from the Courts (2025–2026) Restraint clauses that attempt to prevent employees from exploring opportunities are contrary to public policy . They infringe on the constitutional right to seek employment and improve one’s livelihood. Dismissals based only on job hunting are substantively unfair . Employers must prove actual prejudice — such ...