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Can you discipline an employee for their comments on social media?

The recent dismissal of a staff member at a daily newspaper in Johannesburg for making inappropriate comments on Twitter about the publication poses new dilemmas for South African employers: Can they forbid their employees from disclosing their company’s identity on Facebook, Twitter or other social media profiles? Moreover, is it within the employer’s rights to discipline an employee who refuses to comply?

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You must have rules for your employees

You may, after you have implemented the necessary statutory procedures properly, dismiss employees and give one of the following as the reason:  

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What happens when an employee refuses to retire but he’s fired instead?

This is exactly what happened in the Labour Appeals Court case: Karan t/a Karan Beef Feedlot v Randall – (2012) 21 LAC 1.11.52. Let’s take a look at the background of the case.

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Private dispute resolution: A good option

All HR and IR professionals will know how important a quick yet fair and effective dispute resolution is. This means that HR and IR professionals need to take control of this process by ensuring that top-quality officials preside over all labour law-related processes.

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The crucial difference between “trapping” and “entrapment”

Theft in South Africa poses a huge danger to employers - from employees ‘borrowing’ the company’s scissors or pen, to removing large quantities of the company’s product to resell. So it is no wonder that employers will try anything to get the theft to stop.

And sometimes that anything includes entrapment.

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