From: www.myadsl.co.za ; 18 April 2006

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Following two recent court decisions, South African employers may now be held liable for the harassing and racist actions of their employees – online and offline.These judgments signal a departure from long held views on vicarious liability of employers, says Reinhardt Buys of IT law firm Buys Inc. Attorneys.

“In the past, employers were only held liable for actions committed by employees in the course of their employment duties. Now employers may also be held liable for employee actions far beyond the scope of their employment, such as the abuse of email and Internet facilities,” said Buys.

On 6 April 2006, the Cape Labour Court ruled in the matter of Xolile Finca v Old Mutual that the employer (Old Mutual) failed to take appropriate action against a white employee who used the k-word towards black fellow employees.

According to the Court, such failure by the employer constituted direct and unfair discrimination and directed Old Mutual to cover Finca’s legal costs and pay a significant amount as compensation.

In a similar case, the Court of Appeal confirmed an earlier decision of the Cape High Court in the matter of Media24 v Grobler, ruling that an employer may be held liable for the harassing actions of employees towards others.

In the Media24 judgment, the Court found that an employer had a legal duty to ensure a friendly workplace free from, amongst others, harassment. Since Media24 failed to comply with such a duty, the Court ordered it to cover Grobler’s legal costs and pay compensation to the amount of R210 000.00.

Buys noted that, “Instances of face-to-face harassment and racism by employees are fast being replaced by the use of email, Internet, messaging and sms to distribute tasteless jokes, harmful text and even adult video clips.”

Contact Buys Inc. Attorneys today for legal advice :- http://www.buys.co.za/