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
Struggle songs in the workplace
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the singing of struggle songs in the workplace [...]
Draft Employment Equity Regulations, 2018
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Minister of Labour has published the Draft Employment Equity [...]
The Employment Equity Amendment Bill, 2018
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Employment Equity Amendment Bill, 2018 ("Bill") amends specific provisions [...]
Director liability – OHSA/NEMA
This memo is intended to provide high level guidance on director liability under the National Environmental Management Act 107 of [...]
Reporting obligations of directors in terms of the Companies Act, No. 71 of 2008 – reckless trading and personal liability
Directors are obligated to report financial distress – failure to do so might result in personal liability. The Companies Act [...]
Kenya: SONY is not well-known
By Janine Hollesen and Donvay Wegierski, Directors In Sony Corporation vs Sony Holdings Limited the Kenyan High court dismissed the [...]
