South African employees are quickly learning that their online activity – even outside of work hours – can have serious consequences in the workplace, as recent legal rulings confirm that social media posts made on personal profiles can lead to dismissal.
The Labour Court recently upheld the dismissal of an employee who made racial and derogatory posts on Facebook while on holiday.
The court found that the posts exposed the employer to reputational harm, especially as the employee’s profile clearly listed their place of work.
‘Be cautious’
Legal experts are warning workers to be cautious.
Emma Sadleir, a digital law specialist, said South African law is “catching up with workers” by actively holding them accountable for inappropriate online behaviour.
The Commission for Conciliation, Mediation and Arbitration (CCMA) has also shown consistency in similar cases, ruling that if social media posts bring an employer into disrepute, dismissal may be justified – regardless of whether the post was made during personal time.
With the increasing prevalence of remote work, the line between professional and personal online activity is becoming increasingly blurred.
“There is no such thing as a strict separation between personal and professional identity online,” experts caution.
Employees are urged to think twice before posting, particularly if there is a chance the content could damage their employer’s reputation or raise a conflict of interest.
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