Dismissal or disciplinary action for Social Media posts and indecent after hours behavior

Date: Aug 18, 2022 - Aug 18, 2022

CPD hours: 2 Hours

Time: 16:00 - 18:00

Event Type: Webinar

Presenter: Andrew Goldberg

To help attendees understand the correct way to handle disciplinary hearings.


Recently the CCMA and Labour Court has been awash with social media cases. Recent cases have shown that disciplinary action can be used when employees go too far with their social posts but that employers cannot expect their employees to behave when they are no longer at work. Employees have been dismissed for social media posts on WhatsApp groups, Facebook and Twitter or posting Tik-Tok videos. The offending content can be criticism or slander of the employer, racism, sexism or incitement to violence, nudity or provocative content. Employees need to watch what they put out on social media, whereas employers need to avoid being watchdogs of society. We will address hot and relevant topics such as after-hours blogging and after-hours posting and how it affects the employment relationship. Discussions of topics such as clickbait, email hobnobbing, slandering, insubordination and after-hours posting will be covered in-depth. When can you expect an employee to work after hours? Can you expect an employee to answer his cellphone after hours? Can you dismiss an employee for going to a wedding or a rugby match when they are meant to be on sick leave?

We discuss the critical case law and the key takeaways

What constitutes sufficient grounds for disciplinary action against an employee who is acting against the company policy by posting on social media to be taken. Can you dismiss on a first instance, or is progressive discipline more appropriate? What defences could employees raise? What legal principles and rights underpin these unique but divergent cases? 

Learning Objectives

~ Discuss the latest case law regarding social media
~ Uncover the legal principles underlying these cases
~ Examine the grounds for disciplinary action
~ Explain why certain content is deemed unacceptable in our Constitutional democracy and workplace
~ Examine the defences an employee could raise
~ Discuss if these defences are sustainable
~ Discuss whether after hours activities and postings have an impact on your current workplace
~ Examine how to stop belligerent and slandering employees in their tracks

Who should attend

  • Legal Practitioners;
  • HR Representatives;
  • Industrial Relations officers;
  • Legal officers of companies;
  • Union officials
  • Paralegals
  • Law students and candidate attorneys
  • Employees; and
  • Anyone who has an interest in Employment and Labour Law.



Andrew Goldberg 

Andrew Goldberg has been practising for over 17 years in Labour Law, with 10 of those years in own practice. He is the holder of a Masters Degree in Labour Law. Andrew is Acting Judge of the Labour Court with two reported judgments and over a thousand appearances at the Labour Court. Andrew has the special ability to breakdown topics so that attendees can fully understand all the processes under discussion.

Co-hosted by DI Gibson

Di is a Candidate Attorney who is currently serving articles with Bev Loubser of Bev Loubser Attorneys in the South of Johannesburg.

She is somewhat of a "late starter" when it comes to law - having embarked on her LLB degree at the age of 54 and completing it 4 years later. Di has wanted to study and practice law since the age of 11 but her late mother and High School Principal decided she would make a better teacher.

So, Di spent 30 odd years in the field of adult learning as a facilitator, course developer and eLearning specialist and then, at this ripe ole age decided to fulfill her life long passion.


R 450.00 per person (Online admission - Individual)

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Additional material

By attending this webinar, we will provide you with the following:

  • A summarised slide presentation.
  • A disciplinary guideline on social media posts and other similar transgressions.
  • Examples of social media posts that could be seen to against company policy.
  • Access to the latest case law and summaries of the cases, including the court's findings.
  • You can ask questions during the webinar, and you will also have access to the presenters after the webinar.

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