Former employee loses R1.3 million claim against Romans Pizza over being called a ‘boy’
The Limpopo High Court dismissed a former Romans Pizza worker’s R1.3m defamation claim over a workplace grievance that accused him of sexual harassment and referred to him as a “boy”, finding that the complaint was protected by qualified privilege.
A former employee of Romans Pizza has lost a defamation lawsuit against the company and a former female colleague, after a court ruled that a workplace grievance letter referring to him as a "boy" did not amount to defamation. M Donald, the plaintiff, sued his former co-worker and the company for R1.3 million, seeking damages for damage to his dignity, good name and future loss of income.
The court dismissed the claim in its entirety, ordering Donald to pay the legal costs of both defendants. Donald had worked at Romans Pizza from 2004 until his dismissal in December 2022, following allegations of sexual harassment. The court found that the grievance, which included the racial slur, was communicated within the workplace and through appropriate internal channels, granting it qualified privilege.
The court ruled that the word "boy" did not carry the racial meaning alleged by Donald, as it was peripheral to the dominant purpose of the grievance, which was to report workplace misconduct. Additionally, there was no sufficient causal link between the grievance and Donald's alleged future loss of income, as he had already found employment at Motate Lodge after his dismissal.
The court dismissed Donald's claim against both defendants, finding the litigation to be opportunistic and criticizing his evidence on several material issues.
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