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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1334
Experience:  BLC LLB (Pret) LLM (Augsburg)
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what labour laws are in place as to the use of racistic language

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what labour laws are in place ( in South Africa) as to the use of racistic language at the work place - one employee towards the other. Do companies have their own regulations regarding this issue and are they expected by law to have regulations in place?

Good evening,

Companies are supposed to have disciplinary codes and policies. Included in those disciplinary codes and policies should be what conduct is regarded as misconduct, and the use of abusive language (not limited but also including racist language) should be listed as very serious misconduct. The company should adopt a zero tolerance policy towards racism and all employees and management must be made aware of such policy. If the company does not see the use of racist language as misconduct, the company can be sued in the Equality Court for condoning or tolerating racist or hate speech.
As long as the company takes disciplinary steps against people who use racist language, the company should be fine, even if it does not have a formal policy against racism. Dismissal based on the use of racist language would still be fair even if there is no policy against it.

Barend B. and other South Africa Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your valued answer. Are you perhaps able to supply me with a specific law 'name' or 'number', in other words: where to find a specific law/s which refers to this issue?