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
Letter issued by the Johannesburg Stock Exchange (“JSE”) on 24 April 2020 on Financial Reporting during COVID‑19 (“JSE Letter”)
by Kyra South, AssociateReviewed by Natalie Scott, Director Background Since the outbreak of COVID‑19, and the subsequent national lockdown declared [...]
Deadline for submission of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) applications
By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney On 30 April 2020 the Department of Employment and Labour [...]
An extension of the validity of prescriptions in terms of an amendment to the Medicines and Related Substances Act No. 101 of 1965
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate On 30 [...]
What is the role of the SANDF during the lockdown?
Nelsie Siboza, Candidate AttorneyReviewed by Naledi Motsiri The role of the South African Defence Force (“SANDF”) during the lockdown has [...]
Update on emergency procurement measures
by Sarah Moerane, Director On 19 March 2020 the National Treasury issued Instruction No 8 of 2019/2020: Emergency Procurement in [...]
Return to the workplace plans
By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney On 29 April 2020 the Minister of Cooperative Governance and [...]
