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
Take the Job – Not the Clients: Recent Cases Reinforce the Employer’s Right to Protect Its Turf
by Bradley Workman-Davies, Director Restraints of trade remain one of the most frequently litigated issues in South African employment law. [...]
Have Cross-Border Payments for Royalties and Fees Become Less Stringently Controlled?
by Khanyisa Tshoba, Associate and reviewed by Deon Griessel, Director Towards the end of 2024, the Financial Surveillance Department of [...]
CCTV Footage: What the Information Regulator’s Draft Code Means for Surveillance Governance
by Ahmore Burger-Smidt, Director and Head of Regulatory We are rapidly entering the age of no privacy, where everyone is [...]
Section 7C: Sars’s Draft Interpretation Note Signals Assertive Approach to Wealth Transfers
by Ernest Mazansky, Director: Werksmans Tax (Pty) Ltd and Amy Murphy, Candidate Attorney On 26 November 2025, SARS published a [...]
Supreme Court of Appeal Ruling on Foreign Trustee Recognition and Cross-Border Surplus Distribution
by Brendan Olivier, Director In a recent decision, Scheer v Wagner NO and Others, the Supreme Court of Appeal considered [...]
South Africa’s Digital Markets Regime Has Arrived and it Lives Inside Competition Law
by Ahmore Burger-Smidt, Director and Head of Regulatory The debate about whether South Africa should regulate digital platforms is over. [...]
