Cases listed under subject matter

Abusive and insulting conduct (including abusive language)

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AAUSA on behalf on Ncube v Northern Crime Security CC (1999) 20 ILJ 1954 (CCMA)

Abusive and threatening language by an employee can be such as to make a continued working relationship intolerable, justifying dismissal.

Cronje v Toyota Manufacturing (2001) 21 ILJ 735 (CCMA)

Dismissal may be substantively fair where an employee distributes racist e-mail in contravention of the employer's e-mail usage code.

Cosawu on behalf of Khumalo and Royal Ascot Superspar (2006) 27 ILJ 2452 (CCMA)

Freedom of expression should be respected. If an employee is dismissed for publishing information critical of the employer, this may be unfair.

Ikwezi Municipality v SALGBC & others (LC Case no: P233/10 Judgment: 8 December 2011)

In the absence of evidence that a continued employment relationship is intolerable, published criticism of the employer which is not dishonest or malicious, will not justify dismissal.

Lebowa Platinum Mines Ltd v Hill (1998) 19 ILJ 1112 (LAC)

A disciplinary code may forbid conduct which has the effect of stirring up racial conflict. The foundation of this offence is an extension of the duty of respect.

R & C X-Press Freight v Munro (1998) 19 ILJ 540 (LAC)

Abusive language in the workplace impacts both on the individual employment relationship and more broadly on the interests of the employer's business.