Legal updates and opinions
News / News
False workplace racism allegations increasingly punished by courts
The problem of being accused of racism, when the allegation is untrue, is starting to come to the fore and increasingly tested by our legal system.
Race and racism is such a sensitive issue and the consequences of being labelled a racist can be far-reaching. A perpetrator can face dismissal by their employer, whether the racist conduct was committed in the workplace or even outside of it, face criminal charges and action can be taken in the equality courts.
In the context of the workplace, there have been a growing number of instances in which employers have had to deal with false allegations of racism. They have had to consider what to do with an employee who has made this allegation, either maliciously, or even carelessly, against a colleague.
But playing the race card, colloquially speaking, is now increasingly being recognised as a material misconduct on the part of an employee and has been recognised even by the Labour Appeal Court as justifying dismissal of the employee who made the unfounded allegation.
Employers should recognise that any allegations of racist conduct must be carefully investigated, with the due interests of the accused as well as the person making the allegation taken into account.
Whoever has acted improperly in the matter – whether it be the person who actually acted in a racist manner, of the person who made the allegation maliciously to smear the other’s reputation, or where no reasonable grounds to found the allegation exist – must bear the consequences. Genuine racism is deservedly being systematically rooted out in all aspects of our society, not least in the workplace, in order to try and move away from the injustices of the past, and towards a more egalitarian society.
Latest News
When the clock starts ticking…… Why cross-border data breach response demands more than good intentions
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Tebogo Sibidla, Director Picture this. A retailer with operations spanning southern [...]
Are raising fees similar to interest? The Supreme Court of Appeal says yes
by Doelie Lessing, Director and Head of Tax and Private Wealth, and Luke Magerman, Senior Associate In our article published [...]
The Competition Commission’s Rural and Township Economy Project – Be well advised to sit up and listen
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney What the Report Is On 3 September [...]
The Regulator is Watching: New Enforcement Signals for POPIA and PAIA Compliance
by Ahmore Burger-Smidt, Director and Head of Regulatory, Armand Swart, Director and Hlonelwa Lutuli, Associate. The Information Regulator (Regulator) has [...]
Are your employees’ wearables creating a new governance blind spot?
by Tebogo Sibidla, Director Over the past decade, organisations have invested heavily in securing workplace technology. Laptops, smartphones, cloud applications [...]
Interviewing for survival: When competitive interviews during retrenchment are fair
by Bradley Workman-Davies, Director Employers undertaking restructuring exercises are frequently faced with a practical dilemma: where the new organisational structure [...]
