Quote Originally Posted by renate109 View Post
However we found out via the employee's private email messages, which are stored on the company's laptop, that he applied for a job already in April, which was 2 months before his review, which was not very favourable for him.

Can we use these emails as proof that he anyway wanted to leave and that he is now using victimisation and contructive dismissal only to let us look bad at the CCMA hearing?

Regards Renate
I think you will be opening yourselves up to all kind of legal action if you admit that you were accessing his private email.

Looking for another job does not warrant any disciplinary action from the current employer. This might look like a "personal vendetta" at a CCMA hearing, which might be costly at the end.

Rather focus on his current performance and follow the disciplinary procedures.