What if workplace fraternisation becomes inappropriate – will dismissal be justified?
Автор: Maserumule Corporate Employment Law
Загружено: 2025-12-01
Просмотров: 82
In our final What If episode for 2025, we unpack a critical question facing modern workplaces:
When can a workplace relationship cross the line — and when is dismissal legally justified?
Using the Labour Court’s 2025 judgment in Mediclinic Nelspruit (Pty) Ltd v Shiba and Others, we explore how a consensual relationship became misconduct after one party continued unwanted contact, ignored boundaries, and defied management instructions.
The discussion covers:
Why South African labour law does not regulate workplace relationships. When failed romances become harassment under the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace. The impact of power imbalances and seniority. How workplace relationships can create operational, reputational, and legal risks. Practical guidance for employers: regulating conduct, not romance. Why a clear workplace relationship policy is essential. And ultimately: when dismissal is fair, justified, and legally defensible
This episode is essential listening for HR professionals, managers, executives, legal practitioners, and anyone navigating the realities of workplace dynamics.
We’ll be back in 2026 with more guidance and insights from the evolving world of employment law.
Brought to you by Ross Simon Maserumule Corporate Employment Law
For more articles and corporate employment law resources visit our website at www.masconsulting.co.za
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