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
Hey POPIA, is the publication of a person’s HIV status, positive or negative?
The right to privacy and the rights of public figures came before the court in the case of Tshabalala-Msimang versus [...]
Error 404 – when facial recognition does not see you – a tale of how R1, R2 and R7 wages were paid for a week’s work
Since its inception, facial recognition technology has been regarded as the future for security, safety, technology and innovation.[1] Indeed, the [...]
Cybersecurity Breaches vs The SABS Breach of “Standards”
Issues of maladministration and mismanagement at the South African Bureau of Standards ("SABS") have been the subject of much contestation [...]
No, you cannot do and say whatever you feel like! Even if you are the scorned lover or wife
The internet and digital platforms have significantly impacted privacy rights and the legal landscape. Social media, blogs, and other online [...]
A tale of cybersecurity blame, who bears responsibility?
Who is responsible for the payment of loss arising from cyber fraud, specifically when an email correspondence is intercepted by [...]
Further into Africa…Botswana enacts a “new” Data Protection Act. Does this spell a new dawn?
On 29 October 2024, Botswana's "new" Data Protection Act 18 of 2024 ("the new DPA") was published in the government [...]
