In the recent matter, Ndzimande and Others v Didben N.O and Others (2 April 2019), the Labour Court considered the dismissal of three employees who made disparaging statements about their employer on public radio. The Labour Court ultimately upheld the arbitration award of the CCMA, which dismissed the employees. Key facts to the finding were that: there was a policy related to external communications by employees; the employees in question understood the consequences of breaching this code and made statements which were false, malicious and damaging to the employer's reputation. The decision is important for employees and employers alike.
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