Is your link with your employer a permanent one? Addressing the question of off-duty misconduct

The judgment in IMATU obo Sauls v City of Cape Town and others (C485/2024) [2026] ZALCCT 10 (22 January 2026) outlined that off-duty misconduct does not automatically justify disciplinary action.Employers must establish a clear nexus between the employee’s conduct and the employer’s operations, reputation, or working relationship.In addition, the employer must demonstrate a legitimate and protectable interest in regulating the off-duty misconduct in question. Without both elements, disciplinary action and dismissal may be found to be substantively unfair.This judgment illustrates that courts continue to emphasize the importance of carefully assessing these factors before taking action against employees for conduct occurring outside the workplace.Thabang Rapuleng and Thato Maruapula in the Employment Law practice discuss the judgment.