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
What Sedumedi v Sefako Makgatho Health Sciences University Teaches Employers About Contract Clarity
by Jacques van Wyk, Director and Mike Searle, Candidate Attorney ISSUE Can an employer terminate a fixed-term employment contract prior [...]
Hail the new King – Comments on the new draft King V Governance Code for South African Boards of Directors
by Eric Levenstein, Director and Head of the Insolvency and Business Rescue and Kaymana Han, Candidate Attorney With the release [...]
Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli [...]
Illegal Miners: The Mine Health and Safety Obligations of Mining Right Holders for Mines No Longer “Being Worked”
by Kathleen Louw, Director, and Alexi Andropoulos, Candidate Attorney 1. The tragedy which occurred in Stilfontein earlier this year (“the [...]
Taxation of Rewards Points
by Doelie Lessing, Director and Head of Tax and Robyn Schonegevel, Associate It has become common for businesses to implement [...]
Competition Law: Transformation and public interest in abuse of dominance cases
with assistance from Kwanele Diniso, associate Recent developments in South African competition law have significantly elevated the role of transformative [...]