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
AI Quality Management under the EU AI Act: Principles, Obligations and the Links to GDPR and POPIA
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney "The EU AI Act asks a simple [...]
Confidence is not capability (Part 2): Governing AI in the age of the rogue agent
by Ahmore Burger-Smidt, Director and Head of Regulatory In Part 1, “Confidence Is Not Capability (Part 1): What the Data [...]
Confidence is not capability (Part 1): What the data shows, and why POPIA is the foundation of cyber resilience
by Ahmore Burger-Smidt, Director and Head of Regulatory A two-part series drawing on the Data Confidence & AI Readiness in [...]
SABS publishes draft AI standards for public comment
by Wendy Rosenberg, Director and Head of Digital Media & Electronic Communications The South African Bureau of Standards (SABS) has [...]
Too old for the package? Labour Court draws the line on age-based severance
by Bradley Workman-Davies, Director The Labour Court’s decision in Bosch v Passenger Rail Agency of SA provides employers with a [...]
Proposed Amendments to the Mandatory Mediation Protocol in the Gauteng Division of the High Court: Will the latest attempt to redirect judicial traffic succeed?
by Dakalo Singo, Director and Head of Pro Bono, and Wamkelwe Ntuli, Candidate Attorney Introduction The Gauteng Division of the [...]
