In Edcon Limited v Cantamessa and Others (JR30/17) [2019] ZALCJHB 273, the Labour Court was asked to consider whether an employer has the right to discipline an employee for actions committed outside of the work environment. As a general rule, employers do not have the authority to discipline employees for conduct that occurs outside the workplace and is unrelated to their work. However, as with any general rule, there may be exceptions.
In this case, Ms Cantamessa was employed as a specialist buyer by Edcon and held a senior position within the company. While on leave, Ms Cantamessa posted a racial and derogatory statement on her Facebook profile, wherein she indicated that she was an employee of Edcon. The statement caught the attention of one of Edcon’s customers, who then reported it to Ms Cantamessa’s employer, expressing concern about this post.
Ms Cantamessa’s post gained substantial media traction, leaving Edcon with no alternative but to institute formal disciplinary proceedings against her, and she was dismissed. Aggrieved by her dismissal, Ms Cantamessa referred an unfair dismissal dispute to the CCMA, where the Commissioner found in her favour and awarded her maximum compensation.
Unsurprisingly, Edcon approached the Labour Court to review and set aside the arbitration award. Edcon based the review application on the grounds that the Commissioner misconstrued the reason for Ms Cantamessa’s dismissal. Edcon contended that she was dismissed for posting a racial and derogatory statement on Facebook, which ultimately exposed Edcon to undue reputational risk.
In arriving at its decision, the Labour Court considered whether there was a causal link between Ms Cantamessa’s conduct and Edcon’s business. It found that the fact that Ms Cantamessa’s Facebook profile indicated that she was an Edcon employee did indeed establish that connection. The Court accordingly held that her dismissal was fair even though the statement was posted on her private Facebook profile because it exposed Edcon to potential reputational damage.
This case is a stark reminder that your “off-duty” life online isn’t always off-limits. What you post—even in a personal capacity—can echo into your workplace, especially if it’s tied to your employer. So, before you hit “post,” make sure it’s not a career-ending move.
Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).
