THE PROS AND CONS OF A SIDE HUSTLE IN AN EMPLOYMENT RELATIONSHIP - Bakenrug Meat t/a Joostenberg Meat v CCMA [2022] 4 BLLR 319 (LAC) - Case note

Oct 3, 2026

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Examines the employment-law implications of moonlighting in South Africa through Bakenrug Meat t/a Joostenberg Meat v CCMA [2022] 4 BLLR 319 (LAC). The discussion frames employment as a trust-based relationship governed by good faith and fiduciary duties, then considers why derivative misconduct jurisprudence matters for assessing alleged side hustles. It explains how uncertainty about the scope of the good-faith duty can undermine fair adjudication of dismissals where employees hold more than one job.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages12

Reading Time30 min

AccessFree to download

Introduction

Side hustles and the moonlighting problem

Trust, confidence, and good faith in employment

Derivative misconduct and judicial jurisprudence

Case focus: scope of the duty of good faith

THE PROS AND CONS OF A SIDE HUSTLE IN AN EMPLOYMENT RELATIONSHIP: Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v CCMA [2022] 4 BLLR 319 (LAC)􀀍 1 Introduction South Africa’s strained economy has cajoled many employees into seeking extra work to complement their primary employment earnings. Most often , employees try to make ends meet by opting to take a second job – in common parlance, a side hustle (see Momentum/Unisa “Science of Success Insights Report” (2021) [https://retail.momentum.co.za/documents/](https://retail.momentum.co.za/documents/)[ ](https://retail.momentum.co.za/documents/)[campaigns/scienceofsuccess2021/unisa-science-of-success-](campaigns/scienceofsuccess2021/unisa-science-of-success-)insightsreport. pdf (accessed 2022-03-15) 78–79; Business-tech Staff Writer“Middle-Class South Africans Are Turning to Side Hustles to Make Ends Meet” (31 October 2021) [https://businesstech.co.za/news/business/532794/middle-class-south](https://businesstech.co.za/news/business/532794/middle-class-south)africans-are-turning-to-side-hustles-to-make-ends-meet (accessed 2022-03- 15); Abraham and Houseman “Making Ends Meet: The Role of Informal Work in Supplementing Americans’ Income” 2019 5 The Russell Sage Foundation Journal of the Social Sciences 110–130) . Often , this practice of engaging in a second job is hidden from the main employer because there is a fine line to tread when it comes to moonlighting. Snow and Abramson acknowledge that moonlighting is a “recurring problem in labour relations , and it involves the practice of holding more than one job”(Snow and Abramson “By the Light of Dual Employment: Standards for Employer Regulation of Moonlighting” 1980 55 Indiana Law Journal 581) . In this context , employees and employers need to understand their responsibilities and expectations to avoid it flaring into a legal issue. The general rule is that employment relationships are built on trust and confidence (Tshoose and Letseku “The Breakdown of the Trust Relationship Between Employer and Employee as a Ground of Dismissal: Interpreting LAC Decision in Autozone” 2020 32 SA Mercantile Law Journal 156–174; Okpaluba and Maloka “The Breakdown of the Trust Relationship and Intolerability in the Context of Reinstatement in the Modern Law of Unfair Dismissal (1)” 2021 35 Speculum Juris 149; Garbers, Basson, Christianson, 􀀍 The authors would like to thank Prof T Maloka for his invaluable comments on the earlier drafts of this case note. The views or opinions expressed herein are those of the authors alone. Christoph, Le Roux, Mischke and Strydom The New Essential Labour Law Handbook (2019) 36; Central News Agency v Commercial Catering and Allied Workers Union of SA 1991 (12) ILJ 340 (LAC); Boyle “The Relational Principle of Trust and Confidence” 2007 27 Oxford Journal of Legal Studies 633–657) . As the Appellate Division (as it then was, now the Supreme Court of Appeal) found in Council for Scientific and Industrial Research v Fijen (1996 (17) ILJ 18 (A) par 26D–E): “It is well established that the relationship between employer and employee isin essence one of trust and confidence and that, at common law, conduct clearly inconsistent therewith entitled the “innocent party” to cancel the agreement.” As such, the cardinal duty lying at the heart of any employment relationship is the common-law duty to act in good faith, owed by employee to employer (Aquarius Platinum (SA) (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration 2020 (41) ILJ 2059 (LAC); Phillips v Fieldstone Africa (Pty) Ltd 2004 (3) SA 465 (SCA); Sappi Novoboard (Pty) Ltd v Bolleurs 1998 (19) ILJ 784 (LAC); Bidserv Industrial Products (Pty) Ltd v CCMA 2017 (38) ILJ 860 (LAC) par 17) . However, the concept of good faith has for long been surrounded by considerable mystery (see Bagchi “Unions and the Duty of Good Faith in Employment Contracts” 2003 112 The Yale Law Journal 1881–1910; Ehlers“Trust and Perceptions of Compliance, Fairness and

FAQs

Why is moonlighting considered a recurring problem in labour relations?

Moonlighting involves holding more than one job and can conflict with employer expectations where a fine line exists. The document treats it as a recurring issue requiring clarity to prevent legal disputes.

What core duties define the employment relationship in this case note?

The relationship is grounded in trust and confidence, with a cardinal common-law duty of good faith owed by the employee to the employer. Conduct inconsistent with this duty can entitle cancellation of the agreement.

How does uncertainty about the scope of the good-faith duty affect dismissals?

The document states that lack of clarity and confusion in how courts determine the duty’s scope creates difficulties in evaluating the fairness of dismissals for alleged moonlighting.

Oct 3, 2026

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