• Poly-jobbing is not a temporary trend but a growing feature of the modern workforce.
• South African law does not prohibit employees from earning income from multiple sources. However, employees remain bound by their contractual obligations and common-law duties owed to their employers.
• While employees are generally free to pursue additional income streams, employers should proactively review employment contracts, conflict-of-interest policies, confidentiality provisions and workplace rules to ensure that legitimate business interests remain protected.

The legal position

South African law does not prohibit employees from earning income from multiple sources. However, employees remain bound by their contractual obligations and common-law duties owed to their employers.

Employees occupy positions of trust and are required to act in good faith towards their employers throughout the employment relationship. That duty extends beyond merely performing their contractual functions and includes an obligation not to act against the employer's interests.

In Ganes and Another v Telecom Namibia Ltd [2004] 25 ILJ 995 (SCA), the Supreme Court of Appeal (SCA) confirmed that an employee's duty of good faith requires that they:

"[N]ot work against the respondent's interests; not place himself in a position where his interests conflicted with that of the respondent; not make a secret profit at the expense of the respondent; and not receive from a third party a bribe, secret profit or...

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