Abstract

This case note examines a Labour Court judgment concerning unfounded accusations of racism in the workplace, focusing on the intersection between misconduct and discrimination. The case raises important questions about the interpretation of the Employment Equity Act 55 of 1998 and employer liability for discriminatory conduct. Through analysis of the court’s reasoning, this note identifies three significant problematic elements: the failure to recognise unfounded accusations of racism as inherently discriminatory, an overly technical approach to employer liability under s 60, and a questionable treatment of the severity threshold for harassment. Drawing on established jurisprudence, the analysis demonstrates how the judgment diverges from existing legal principles regarding workplace discrimination. The note argues that the court’s approach potentially undermines the protective purpose of anti-discrimination legislation and may set concerning precedents for future cases involving unfounded allegations of racism in workplace disputes. It concludes that a more purposive interpretation of anti-discrimination provisions is necessary to balance addressing genuine racial discrimination effectively and preventing the weaponisation of racial allegations.