Marthinus van Staden is Associate Professor at the Wits University School of Law, where he teaches Jurisprudence and Labour Law. He obtained his doctorate in Labour Law from the University of Pretoria in 2018.
The Labour Court recently held that an employee violated her fiduciary duty and her employer’s policies by not disclosing her concurrent full-time employment. This case serves as a cautionary tale, emphasising the importance of loyalty to the primary employer and adherence to both legal and internal policy frameworks to maintain a transparent and conflict-free work environment.
The employee commenced part-time employment at the Wits Business School, under a 50% contract, while also employed at Alexander Forbes. In 2018, the employee resigned from Alexander Forbes and transitioned to a full-time lecturer position at the Wits Business School.
Shortly after joining Wits Business School full-time, the employee also took up full-time employment with Kantar South Africa (Pty) Ltd as an accounts director, working office hours Monday to Friday and earning a higher salary than at Wits Business School.
The employee was notified by Wits Business School to attend a disciplinary enquiry for charges of gross misconduct for taking up...
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