Labour Court ruling on employee dismissal highlights social media guidelines

In a recent Labour Court ruling, Academy Brushware (Pty) Ltd's attempt to overturn a Commission for Conciliation, Mediation and Arbitration (CCMA) decision was dismissed. The case involved Geswent, an employee of the company since September 2002, who was dismissed for gross insubordination after posting photos on social media in March 2017.

Geswent was instructed by her manager, Kingham, not to post such photos on social media, but she claimed she had not received this instruction. The photos showed her posing with a cutout model used by the company in its marketing campaigns. Although the company alleged the posts were inconsistent with its reputation and professional standards, the Labour Court found insufficient evidence to support the employer's claims.

The court emphasized that a finding of insubordination requires more than an employee simply failing to comply with an employer's wishes; the instruction must be lawful and reasonable, and the misconduct must be deliberate. Furthermore, not every act of disobedience justifies summary dismissal. The court considered several factors against the employer, including the lack of a workplace code governing social media posts, the similarity of Geswent's photos to the company's own, and the absence of any harm to the business or complaints from customers.

Ultimately, the court found that the CCMA's conclusion was reasonable, and the employer's review application was dismissed. The ruling underscores the importance of considering multiple factors before dismissing an employee for social media misconduct.