Racism within the work force & how it can affect your business

We want to provide you with our insight into the case that has been dragged through the courts for some time now which involves the claim or false claim of racism by two African SAPS Officers against a White Female (Solidarity obo A Oosthuizen vs SAPS & Others).

Racism is a form of discrimination that is based on the belief that one race is superior or inferior to another. Racism can manifest in various ways, such as stereotypes, prejudice, harassment, exclusion, or violence. Racism can have negative impacts on individuals, communities, and society as a whole.

In this case, the senior officer (white female) disciplined an African subordinate to which they started to make complaints that the discipline procedure instituted against them was racially motivated and that they felt racially discriminated against.? They even went as far as to make a criminal case against the senior officer.

The SAPS investigated the claims from all parties and found that, as per normal public information, that the African subordinates could not be racist towards a white individual and subsequently transferred the white individual to another district.? The white senior then took the matter to the courts and subsequently laid a case of defamation and false claims to which she furthermore sued the SAPS for racial harassment & vicarious liability to which the Labour Court found in her favour to which she was to be paid R300,000 and a public apology for allowing the false claims and racial harassment.

What is vicarious liability?

A company can be held liable where an employee of the company acts and engages in an infringing action during the ordinary course and scope of their duties, alternatively in terms of the Code of Good Practice on the Prevention and Elimination of Harassment (which came into effect on 18 March 2022) clause 10.3 provides that: ‘Failure to take adequate steps to eliminate harassment once an allegation of harassment by an employee has been submitted within a reasonable time, will render the employer vicariously liable for the conduct of the employee in terms of section 60 of the EEA. This is the case even if the harassment consists of a single incident.’

Therefore, where a person acts within the name or under the guidance of the Company in such a manner that infringes on the rights of a person, then the Company will be just as liable and “guilty” of the specific act.

But how does racism affect your business?

Racism can harm your business in several ways, such as:

- Reducing employee productivity and performance.

- Damaging your reputation and brand image.

- Exposing your business to legal risks and costs.

Racism is a serious problem that can affect your business in many ways. By taking action to prevent or address racism in your business, you can not only protect your employees' rights and well-being but also enhance your business's performance and reputation.