Selected challenges associated with the dismissal of employees for social media-related misconduct in the South African workplace

Abstract

The research seeks to explore the adequacy of the regulation of social media-related misconduct in South Africa. In this regard, selected challenges associated with the dismissal of employees for social media-related misconduct in the South African workplace are highlighted. Accordingly, such challenges that specifically include the legislative gaps and Constitutional conflicts and/or flaws relating to social media-related misconduct dismissals are analysed. The research noted that various legislative challenges are still associated with the dismissal of employees for social media-related misconduct in South Africa. For instance, labour laws such as the Labour Relations Act 66 of 1995 does not adequately regulate cases for social media-related misconduct in the South African workplace. This research discusses Constitutional conflicts and/or flaws relating to the employees' rights to dignity, privacy, freedom of expression and freedom of association in relation to unlawful dismissals for social media-related misconduct in the workplace. The researcher recommends that adequate social media legislation should be enacted in South Africa to combat the misuse of social media in the South African workplace during working hours.