Today's Labour News

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labourcourtsGroundUp reports that a former employee at Clover has failed in his bid to be reinstated in his job after he was dismissed for a Facebook posting in which he said that all white people should be killed.

While initially denying that he had made the post, Nhlanhla Christopher Makhoba later said he did it because he loved the ANC and its President [Zuma at the time] and he believed they were under verbal attack. In a recent ruling, Durban Labour Court Acting Judge Narini Harilall said it did not matter that he posted the comment outside of work hours or that he was unaware of the company's social media policy. What mattered was that any South African should know that racial utterances were unacceptable and companies had no need to remind their employees of that. Given that Clover was a multicultural company and it had a duty to protect all its employees, Makhoba's public statement had a bearing on the employment relationship, she said. Evidence before the court was that Makhoba was a general worker with ten years' experience when he posted the comment in 2017 on Eyewitness News' Facebook site. It read: "Whites mz be all killed". One comment subsequently read: "Nhalnhla Makhoba, are you saying that whites must be all killed in your personal capacity or as an employee of Clover. Don't even know how you became a team leader with that hate filled violent mindset of yours." The company instituted disciplinary proceedings against Makhoba. He was charged with two offences, namely making a racist comment on social media and acting contrary to the interests of the company. Makhoba was subsequently dismissed. "An employer has a responsibility to provide a safe workplace for all its employees and it cannot do so where an employee's conduct threatens the safety of others,” Harillal ruled.

  • Read the full original of the report in the above regard by Tania Broughton at GroundUp


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