Introduction: A Changing Workplace Landscape
In the digital age, the line between professional and personal conduct has blurred. Employees are increasingly using the internet and social media – sometimes in ways that impact the workplace. South African employers are facing new challenges when it comes to inappropriate online behaviour, even outside of work hours.
This is where disciplinary action related to internet use becomes relevant. While the Labour Relations Act (LRA) remains the foundation for fair labour practice, its principles are now applied in the context of tweets, Facebook posts, TikTok videos, and emails.
When the Internet Leads to Disciplinary Action
Employees can face disciplinary action for a range of internet-related behaviours, including:
- Misuse of company internet during working hours (e.g., excessive personal browsing, accessing inappropriate sites).
- Social media misconduct such as offensive posts, hate speech, or publicly criticising the employer.
- Breach of confidentiality or sharing sensitive company information online.
- Cyberbullying or harassment of colleagues via digital platforms.
Example:
An employee posts racist comments on Facebook over the weekend. A colleague sees it and reports it. The employer investigates and takes disciplinary steps – even though the conduct happened outside of work. Why? Because it harms the employment relationship and damages the employer’s reputation.
Case Law Examples
Sedick & Another v Krisray (Pty) Ltd (2011)
Two employees posted disparaging remarks about their employer on Facebook. Even though their profiles were private, the content reached others within the workplace. The CCMA upheld their dismissal, ruling that the posts breached the trust relationship.
Recent TikTok & WhatsApp Cases
In more recent cases, employees have faced suspension or dismissal for recording videos in uniform, sharing memes that ridicule the employer, or sending offensive voice notes. The CCMA and Labour Court consistently weigh whether the conduct harmed the employment relationship or violated clear company policies.
What Employers Must Prove
To take fair disciplinary action, employers must follow substantive and procedural fairness, as outlined in the Code of Good Practice: Dismissal (Schedule 8 of the LRA).
They must show:
- There was a rule or standard regulating internet/social media conduct.
- The employee was aware of the rule (e.g., through an IT policy or code of conduct).
- The employee breached the rule.
- The breach was serious enough to justify the disciplinary action taken (e.g., warning, suspension, or dismissal).
- A fair procedure was followed
Importance of Clear Policies
Employers should have clear, accessible policies on:
- Acceptable use of the internet and emails.
- Social media conduct (during and outside working hours).
- Protection of confidential information.
- Disciplinary consequences for violations.
Employees should be trained on these policies and asked to acknowledge them in writing.
What Employees Should Know
- Think before you post – even on personal devices and accounts.
- Don’t assume privacy – if something can be shared, it can be used against you.
- Respect confidentiality – leaking company information online can lead to dismissal.
- Follow the disciplinary procedure – employees have the right to a fair hearing, representation, and to challenge evidence.
Conclusion: Digital Conduct Matters
The internet is not a lawless space. What employees do online can have real-world consequences – especially if it affects the workplace. Both employers and employees must navigate this space with caution, guided by the principles of fairness, respect, and accountability under South African labour law.
Sources:
Commission for Conciliation, Mediation and Arbitration (CCMA) Guidelines.
Leading case law cases:
Sedick & Another v Krisray (Pty) Ltd [2011] 8 BALR 879 (CCMA)
Media Workers Association of SA obo Mvemve v Kathorus Community Radio [2013] JOL 30984 (CCMA)
Gosai v CCMA and Others (JR1305/14) [2016] ZALCJHB 196
Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd & Others [2019] ZACC 25
