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
Certain provisions of the Environmental Conservation Act remain in force
The case of the Minister of Water and Environmental Affairs v Really Useful Investments (436/2015) [2016] ZASCA 156 is a [...]
Can a sanction of a final written warning be substituted with one dismissal appeal?
ISSUE Can an employer substitute the sanction of a final written warning with one of dismissal on appeal? [...]
Application of changes to the LRA to TES employees earning below the threshold
ISSUE Whether the employees’ fixed term contracts were cancelled to avoid the ‘deeming provisions’ of the Labour Relations Act [...]
Prescription of on-demand loans – the Constitutional Court’s decision in Trinity v Grindstone
INTRODUCTION Towards the end of 2016, we drew to your attention a decision of the Supreme Court of Appeal [...]
The bounds of the right to strike in support of organisational rights by way of Section 21 of the LRA
Section 21 of the Labour Relations Act 66 of 1995 states that any registered trade union may notify an employer [...]
Appointment of Information Regulator
INTRODUCTION On 7 September 2016, the National Assembly voted in favour of appointing the former IEC chairperson Advocate Pansy [...]
