Social media hate speech - a single racist holiday post can get you fired!

Can your boss fire you for something you post on Facebook while you're on holiday, off duty and using your own data?

- Jonathan Goldberg | Chairman | Global Business Solutions | [e-mail] |

A Labour Court judgment - highlighted this again recently - says yes. And as South Africans head into the festive season, it's a warning worth repeating.

In the case that has resurfaced in public debate, a senior employee of a major retailer was dismissed after she posted a racist rant on Facebook, referring to “stupid monkeys running our country” while watching television at home. Her Facebook profile clearly reflected that she worked for the retailer. Customers saw the post, complained to the company and it spread quickly.

The employee argued that it was her “private” Facebook page, written while she was on leave, on her own time and with her own resources. The CCMA initially sided with her and awarded 12 months' compensation.

The Labour Court overturned that decision and confirmed the dismissal as fair. The judge found that the comment was deeply racist, destroyed the trust relationship and exposed the employer to serious reputational harm.

December posts, January fallout

This is not a brand-new case, but it is newly relevant.

December is when many employees are on annual leave, relaxing at braais, travelling and spending more time on their phones. People post more, drink more - and think less about who might be watching.

A clear message from the Labour Court:

Even if you are on leave and off duty, a racist or hateful post that links back to your employer can still cost you your job.