![]() It is important to note that Manuel was a director of all these companies.Īs soon as it became apparent to Moyo that there was a potential conflict of interest on the part of Manuel, he openly voiced his concerns and cautioned him not to participate in the discussion meetings (Moyo v Old Mutual supra par 5). This conflict of interest stems from a large multibillion rand commercial project on the delisting of Old Mutual PLC from the London Stock Exchange and the proposed listing of the employer on the Johannesburg Stock Exchange (Moyo v Old Mutual supra par 3). This court action was triggered by a series of events that began in March 2018 when Moyo questioned certain conflict-of-interest elements involving Mr Trevor Manuel, (Chairperson of the Board governing the employer) and Rothschild (Moyo v Old Mutual supra par 3). Mr Peter Moyo was an employee and also the Chief Executive Officer (CEO) of Old Mutual Limited (Old Mutual), the employer (Moyo v Old Mutual (22791/2019) ZAGPJHC 229 (30 July 2019) par 1). Once there is a breakdown of trust and confidence, it remains a mammoth task to restore the relationship. After all, trust forms the basic fundamental core of the employment relationship, and any breach of this duty is likely to result in an irretrievable breakdown of the employment relationship. The case note further reflects on the implied duty of employees to safeguard and protect mutual trust and confidence. ![]() This case note intends to examine the implied obligation that rests upon the employer to safeguard trust and confidence in the relationship. In order for an employer to invoke this implied duty, it must be expected that the employee would have to conduct him or herself in a manner likely to demonstrate to his employer loyalty, good faith and cooperation.Īgainst this background, the recent case of Moyo v Old Mutual (22791/2019) ZAGPJHC 229 (30 July 2019) (Moyo) demonstrates the impact of a breach of the implied duty to preserve mutual trust and confidence on the employment relationship. On the other hand, this implied duty is becoming a significant yardstick used by employers to address contractual labour disputes in South Africa. On the one hand, the implied duty to safeguard mutual trust and confidence imposes an obligation upon the employer to conduct itself in a manner not likely to destroy, jeopardise, or seriously damage the trust relationship and confidence in the employment relationship. In this regard, the implied duty to preserve mutual trust and confidence is the central theme of this case note. Significantly, the case note intends to remind the reader about the importance of adhering to certain implied duties in the contract of employment. This case note is intended to revisit the contentious aspect of the implied duties of South African labour law in the individual employment relationship. Breach of the implied duty to preserve mutual trust and confidence in an employment relationship: a case study of - Moyo v Old Mutual Limited (22791/2019) ZAGPJHC 229 (30 July 2019)
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