Neil Coetzer | Partner | Cowan-Harper-Madikizela Attorneys | mail me |
Courtney Wingfield, Senior Associate | Cowan-Harper-Madikizela Attorneys | mail me |
‘Conflict of interest’ means different things to different people – just ask the miscreants who were fingered in the state captured report, who will provide you with an assortment of different definitions to explain away their indiscretions.
In the employment law context, the concept of conflict of interest can be directly linked back to the duty of good faith which is owed by an employee to their employer. The duty of good faith itself is far-reaching and a somewhat nebulous concept, meaning that defining its exact contours is not always possible. We set out below several principles which emanate from the case law.
In Sappi Novoboard (Pty) Ltd v Bolleurs (1998) 19 ILJ 784 (LAC), the Labour Appeal Court (LAC) found that it is an implied term of every contract of employment that an employee will act in good faith towards their employer and will serve their employer honestly and faithfully.
This understanding was followed by…
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Read the full article by Neil Coetzer, Partner and Courtney Wingfield, Senior Associate, Cowan-Harper-Madikizela Attorneys, as well as a host of other topical management articles written by professionals, consultants and academics in the August/September 2022 edition of BusinessBrief.
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