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
Tax Amendments – 2024
Introduction On 23 October 2024, when the Minister of Finance presented his Media-term Budget Policy Statement to Parliament, he also [...]
Employment Equity Amendment Act Commencement – Important news for employers employing more than 50 employees
The President of the Republic of South Africa has recently proclaimed that the Employment Equity Amendment Act No.4 of 2022 [...]
Shell shock: reversal of landmark Dutch ruling holds lessons for South African climate change litigation
- Reviewer and Slade van Rooyen - Candidate Attorney The 2021 decision of a Dutch district court in Milieudefensie v [...]
A step closer to establishing the National Council on gender-based violence and femicide
After the President assented to the National Council on Gender-Based Violence and Femicide Act No. 9 of 2024 ("Act") in [...]
The Climate Change Act has a crucial role to play in the fight against the climate crisis in South Africa
and Mmatshepo Papo - Candidate Attorney Frequent and intense weather events and devastating effects of climate change are being experienced [...]
Working From Home: Can Employers Withhold Pay Over Office Attendance?
and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Public Service and Allied Workers obo Cesiko / South [...]
