Can an employee be dismissed for failing to disclose a disciplinary record during a promotion interview? Learn how the Labour Court ruled in Hlangana v South African Local Bargaining Council, why misrepresentation was considered serious misconduct, and what the case means for employers, recruitment processes, workplace integrity, and trust-based employment relationships.

The Labour Court has ruled that dismissing an employee for seeking alternative work violates constitutional rights. Grounded in Section 22 of the Constitution, this judgment warns employers that non-solicitation clauses restricting job-hunting are unenforceable. The article explores why trust and culture matter more than control, and how proactive retention tools outperform punitive contracts.

The Labour Appeal Court in SACCAWU v Putini re-affirmed that labour disputes must be resolved swiftly and that unions and employers may not abuse procedural rules to delay justice. After years of litigation over a 2010 dismissal and a CCMA reinstatement award made an order of court under section 158(1)(c) of the LRA, the LAC upheld the appeal but confirmed the employee’s right to reinstatement and ordered SACCAWU to pay costs.