South Africa Case Law

Standard Bank of South Africa v South African Society of Bank Officials (SASBO) and Others (JR252/22)

Standard Bank of South Africa v South African Society of Bank Officials (SASBO) and Others (JR252/22) [2024] ZALCJHB 328 (16 August 2024)

Court

Labour Court Johannesburg

Case number

JR252/22

Judge

Mafa-Chali

The Labour Court found that the Commissioner misdirected himself by failing to properly assess the gravity of Morudu's misconduct and by incorrectly applying the parity principle. As Branch Manager, Morudu held a position of trust and was responsible for enforcing COVID-19 protocols and the bank's policies. Her conduct in organising an unauthorised party, breaching COVID-19 regulations, and posting videos on social media was grossly irresponsible and undermined the trust relationship. The Commissioner gave undue weight to the Sanction Guide and failed to distinguish Morudu's higher culpabilit…

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• Unfair Dismissal
• Covid 19 Workplace Protocols
• Parity Principle
• Social Media Misconduct
• Gross Misconduct

Van Straaten v Wehnche and Others (JR1876/21)

Van Straaten v Wehnche and Others (JR1876/21) [2024] ZALCJHB 297 (23 February 2024)

Court

Labour Court Johannesburg

Case number

JR1876/21

Judge

Swanepoel

The court found that the Applicant's Facebook comment directed at Mr Singh constituted racism and was objectively abusive, impairing dignity and bringing the employer into disrepute. The arbitrator's decision that the dismissal was both procedurally and substantively fair was reasonable and supported by credible evidence, including prior warnings and applicable company policies. The Applicant's reliance on freedom of expression was misplaced, as such right does not protect racist speech. Allegations of bias, tampering, and procedural unfairness were unsubstantiated. The employment relationshi…

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• Unfair Dismissal
• Racism In The Workplace
• Freedom Of Expression
• Disciplinary Procedure
• Costs Award
• Social Media Misconduct

Nkgwang v CCMA and Others (C289/2019)

Nkgwang v CCMA and Others (C289/2019) [2021] ZALCCT 93 (1 December 2021)

Court

Labour Court Cape Town

Case number

C289/2019

Judge

Conradie

Labour Court dismissed an unopposed review of a CCMA award upholding dismissal for derogatory Facebook posts about senior managers.

• Unfair Dismissal
• Social Media Misconduct
• Review Of Arbitration Award
• Procedural Fairness
• Consistency In Discipline
• Unfair-dismissal

Edcon Limited v Cantamessa and Others (JR30/17)

Edcon Limited v Cantamessa and Others (JR30/17) [2019] ZALCJHB 273; (2020) 41 ILJ 195 (LC); [2020] 2 BLLR 186 (LC) (11 October 2019)

Court

Labour Court Johannesburg

Case number

JR30/17

Judge

Cele

The court held that Edcon was entitled to discipline and dismiss Ms Cantamessa for her Facebook post, despite it being made outside working hours and off-site. The post was publicly associated with Edcon due to her profile, was a racial slur directed at Black persons in government, and had the potential to seriously damage Edcon's reputation and the employment relationship. The commissioner erred by focusing narrowly on the applicability of internal policies and failing to appreciate the broader connection between the misconduct and the employment relationship. The parity principle did not re…

Source excerpt

• Unfair Dismissal
• Social Media Misconduct
• Employment Relationship
• Parity Principle
• Freedom Of Expression
• Racism In The Workplace