Caution Urged as South African Employee Faces Dismissal Over WhatsApp Joke

A recent incident brought to light by the Commission for Conciliation Mediation and Arbitration (CCMA) underscores the need for employees to exercise caution when sharing seemingly innocuous “jokes” on social media platforms. The case, analyzed by Jacques van Wyk and Andre van Heerden of Werksmans Attorneys, involved an employee at the Ford Motor Company of South Africa.

In May 2023, the employee, working as an operator, sent a message to a WhatsApp group comprising 47 colleagues, announcing a closure due to Stage 6 Load Shedding. The message indicated that affected shifts would be on lay-off, causing disruption. Subsequently, the company terminated the employee for misconduct, claiming that the action could have led to 47 employees not reporting for duty, impacting production targets.

Challenging the dismissal at the CCMA, the employee, a member of the National Union of Metalworkers of South Africa, argued that the message was intended as a joke and was promptly deleted. Ford, however, contended that the deletion occurred only after management intervention.

The CCMA’s analysis, referencing the Code of Good Practice in the Labour Relations Act, emphasized the importance of mutual respect between employers and employees. The commissioner considered the gravity of the misconduct in the context of widespread load shedding affecting production targets in 2023.

Highlighting the seriousness of load shedding, the commissioner deemed the “joke” inappropriate, as it could have discouraged employees from reporting to work, leading to failure in meeting daily targets. Additionally, the deliberate and calculated nature of the message, despite its deletion, contributed to the finding that dismissal was a justified and fair sanction.

Experts concluded that employees posting messages on employer-sponsored social media groups should carefully weigh the potential impact on both the employer and fellow employees. This case serves as a reminder that seemingly harmless remarks can have significant consequences in the workplace.

(Source: Business Tech)