NEWS

In today’s digital era, the clash between freedom of expression and social media behaviour is a hot topic, especially in the workplace. The tendency for employees to assert their right to freedom of speech and privacy when confronted with allegations of misconduct online appears to be a more frequent occurrence.

On the surface, it seems logical – after all, Section 16(1) of the Constitution, guarantees that “everyone has the right to freedom of expression,” including on social media. However, it’s crucial not to overlook Section 16(2), which sets boundaries to this right, like prohibiting the spread of hate speech or inciting violence.

A notable case, Dagane v SSSBC and Others (JR2219/14) (2018) ZALCJHB 114, highlights that social media misconduct, particularly racist comments, constitutes serious misconduct and fair grounds for dismissal. In this case, the Labour Court upheld the dismissal of an employee who made racist comments on Facebook.

The dismissal was upheld as fair, emphasizing the despicable nature of racist language and the employee’s position as a police officer, which magnified the seriousness of the misconduct. The public nature of the comments further exacerbated the situation.

Ultimately, despite an employee’s subjective belief that their online comments are made privately, a more objective view is taken. Whether the remarks are made outside work hours or not, if they negatively impact the employer, termination may be justified.

The line between an employee’s professional and personal life is now blurry, leading to increased scrutiny over online activity. This ambiguity should make employees more cautious about what they share online, knowing that even personal remarks can have professional consequences.

While there’s no explicit law governing social media use at work, employees should be mindful of their actions online to avoid potential repercussions, irrespective of their privacy settings.

Download a full copy of the judgement here: Dagane vs SAPS social media