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
Triumph for liquidators: Courts setting aside and declaring specious transactions void
by Tandiwe Matshebela, Director, Tebello Mosoeu, Associate, and Zoë Austen, Candidate Attorney Added to the liquidators' responsibility and duty to [...]
Considering the competition law implication of crypto currency and regulation one ought to say – Competition Commission start running!
The cryptocurrency sector is innovative and fast-moving. Cryptocurrency and crypt exchanges are attracting a lot of focus also as Crypto [...]
Too good to be true? What about your privacy?
It is common cause that the tech-bug has bitten us all (almost), and the evolution of the mobile application ("mobile [...]
Should there be limits on the extent to which personal information of a company’s shareholders are available to the public?
Section 26(2) of the Companies Act 71 of 2008 ("Companies Act") provides that any person has the right to access [...]
Riding Off Into The Sunset – Labour Appeal Court Settles Questions On Retirement Age
by Kerry Fredericks, Director There is no specified retirement age for employees in terms of South African law. Employers are, [...]
Tsunami of a Penalty as “Lucky Monopolist” gets Unlucky
by Rudolph Raath, Director and Nokwanda Zondi, Candidate Attorney In a rare display of its utmost displeasure, the Competition Tribunal [...]
