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
Celebrating International Data Privacy Day: “12 years of POPIA – what next?”
by Tebogo Sibidla, Director On 28 January 2026, the global community celebrated International Data Privacy Day. This year, its commemoration [...]
Advertising Regulatory Board ups the ante on responsible gambling advertising
by Wendy Rosenberg Director and Head of Digital Media & Electronic Communications and Nothando Madondo, Associate While gambling advertising is [...]
Excessive delay in disciplinary proceedings could render the dismissal unfair
Lethoba and Rand Water (2025) 46 ILJ 2771 (CCMA) by Andre van Heerden - Director and Mikayla Ehrenreich - Candidate Attorney [...]
What’s in a name – Trade marks and Brooklyn Beckham
by Donvay Wegierski, Director What's in a name - Trade marks and Brooklyn Beckham Brooklyn Beckham, son to British born [...]
Not Every Employee Is a Whistleblower (And Not Every Disciplinary Hearing Is Up for Debate)
by Bradley Workman-Davies - Director The Labour Court’s judgment in Modika v Industrial Development Corporation of South Africa and another [...]
Deadlines Are Not Suggestions (And Finality Still Matters)
by Bradley Workman-Davies - Director The Labour Appeal Court’s decision in NUMSA obo Members v Macsteel Service Centres South Africa [...]
