011 475 2845 law@leeuwmar.co.za

Labour Law Feature

Not only are working hours being threatened by online games and trends but employers have no control over negative comments and how far reaching they are.

The CCMA and other labour laws have come into contact with the issue of remarks aimed at employers through social media and it has been pretty much set in stone that comments by employees which bring the name of a company into disrepute, may be viewed  as a normal form of misconduct.

So what happens when an employee makes remarks, for example, of a racist nature which is not aimed at the employer directly? This is commonly known as “off duty” misconduct. Recently the High Court found against Multichoice when it terminated a contract with an Idols Judge, based on public outcry due to remarks on Facebook and Twitter.

One thing is certain, employers bear the onus of proving that the conduct of an employee has the potential of destroying the heart of the employment relationship.

Speak to us to ensure that your policies in this regard are updated and correct, before taking any action against an employee with regards to misconduct of this nature.

Johan Biggs

johan@leeuwmar.co.za