Why off-duty social media posts can still get you fired

Image source: Freepik

A Labour Court judgment – highlighted again recently – says yes. And as South Africans head into the festive season, it’s a warning worth repeating.

In the case that has resurfaced in public debate, a senior employee of a major retailer was dismissed after she posted a racist rant on Facebook, referring to “stupid monkeys running our country” while watching television at home. Her Facebook profile clearly reflected that she worked for the retailer. Customers saw the post, complained to the company and it spread quickly.

The employee argued that it was her “private” Facebook page, written while she was on leave, on her own time and with her own resources. The CCMA initially sided with her and awarded 12 months’ compensation.

The Labour Court overturned that decision and confirmed the dismissal as fair. The judge found that the comment was deeply racist, destroyed the trust relationship and exposed the employer to serious reputational harm.

Why this matters now: December posts, January consequences

This is not a brand-new case, but it is newly relevant.

December is when many employees are on annual leave, relaxing at braais, travelling and spending more time on their phones. People post more, drink more – and think less about who might be watching.

The lesson from the Labour Court is clear:

Even if you are on leave and off duty, a racist or hateful post that links back to your employer can still cost you your job.

Before you post that sharp comment after a few drinks on holiday, it’s worth asking: “If my boss, my colleagues and my clients saw this – would I still press send?”

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What this means for ordinary workers

South African courts have dealt with a growing number of cases involving racist or hateful speech online – on Facebook, X, Instagram and even in WhatsApp groups. A clear pattern is emerging:

• If there is no link to the employer, the company usually has no right to interfere in your private life.
  
• But if your profile, comments or behaviour can be tied back to your employer – and your conduct clashes with its values or brand – the employer may be justified in disciplining or dismissing you.

  In a country still deeply scarred by racism, the courts have little sympathy for employees who use racial slurs online and then hide behind “it was just a joke” or “freedom of speech”.

  Freedom of expression does not protect hate speech – and it certainly does not guarantee that you keep your job.

  What this means for employers

  For employers and HR teams, the judgment is both a warning and a roadmap.

  First, it confirms that you can act against off-duty racism and hate speech if it harms your business. That includes:

  • Reputational damage in the eyes of customers, clients or the public
    
  • A poisoned working environment
    
  • A breakdown of trust in a manager or colleague

  But there are important conditions.

  1. You must show the link: You need to demonstrate how the post is connected to the company – for example, the employee’s profile names your organisation, or customers clearly associate the person with you.
     
  2. You must follow a fair process: Even when the content is shocking, a proper disciplinary process is essential: clear charges, proper evidence (screenshots, complaints, witness statements) and a real opportunity for the employee to respond.
     
  3. Your policies must be clear: Social media, discrimination and harassment policies should spell out that off-duty conduct can lead to disciplinary action when it damages the company, its clients or colleagues.
     

  In the case above, the court made it plain: a senior employee, publicly linked to a brand serving a large black consumer base, cannot expect to keep her job after posting a dehumanising racial slur.

  

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  A festive-season checklist for HR

  With the holiday period upon us, HR and leadership teams should treat this as a timely reminder:

  1. Refresh and circulate your policies: Re-issue your social media and anti-racism policies before the break, highlighting that conduct “on leave” can still have workplace consequences.
     
  2. Brief managers: Make sure line managers know how to escalate complaints about online conduct and understand when off-duty behaviour becomes a workplace issue.
     
  3. Act quickly but carefully: If a problematic post surfaces over the holidays, gather evidence, avoid knee-jerk reactions and line up a fair process for January.
     

  The line between our online lives and our working lives is thinner than ever. A Facebook post from a beach holiday can trigger a disciplinary hearing long after the sunscreen has worn off.

  For employees, the safest rule this December is simple: if you wouldn’t say it proudly in front of your employer, colleagues and clients, don’t put it on social media.

  For employers, the law now offers clearer guidance – but it also expects you to act with consistency, fairness and courage when your values are put to the test.