What the courts said after a South African employee was fired for posting racist comments on Facebook

[noxibox]

It sounds like in some way he advertised the fact that he worked for Clover. Otherwise your employers’ social media policy is irrelevant. What I say on social media is none of my employer’s business. I never make statements on their behalf nor do I advertise what I do or where I work.

Also no matter what your contract may say your employer cannot in general simply terminate your employment if you are convicted of a criminal offence. They can if that conviction impacts your ability to do your job or your continuing employment would harm the company.

Penny Sparrow should never have been prosecuted in the first place. She was ignorant and racist, but that should not be a criminal offence. The additional problem with her prosecution is that typically only white racists are targeted.

 

[noxibox]

You can't make the freedom of speech argument when you exercised your freedom of choice and chose to work for a company that has a morality clause (or equivalent) in your work contract, this also includes your behavior online. You signed a contract of your own free will. Claiming ignorance of that fact is not a defense.

Only applicable to those who are independently wealthy and work simply for the fun of it. Everyone else signs because they need to work no matter how egregious or even illegal the terms of the contract.

 

[porchrat]

Unless he was directly inciting action rather than merely ranting it would be protected speech. So he would have to be standing there saying let’s go kill white people right now. If he was standing in front of a crowd and telling them white people should be killed it would be protected speech.

Yea you're probably right now that I look at the tweet again. Good point.

I retract that second point.

 

[Swa]

Many of those criticising the proponents of free speech are confusing a number of matters.

Whilst we should protect the individual's right to freedom of expression; i.e. what you say should never be treated as a crime, except for a few exceptions e.g. speech that will lead to imminent harm (shouting fire in a crowded theatre when there is no fire), etc.

Being legally able to freely express yourself including insulting someone else should however not shield anyone from societal consequences, for example:

• If you say some dumb / racist **** then your friends, your colleagues and your employer should not be forced to just accept it. If they no longer want to be friends, or work with you, or have you in their employ; then that's their right; their freedom of expression.

I agree on that except that your employer doesn't have a stake in your personal opinions so those should be irrelevant. As it is a business relationship only business actions count. Of course there are those who would drag personal opinions into it by saying the employer should take action as so in essence punish the individual but that itself goes against freedom of association.

 

[WollieVerstege]

It sounds like in some way he advertised the fact that he worked for Clover. Otherwise your employers’ social media policy is irrelevant. What I say on social media is none of my employer’s business. I never make statements on their behalf nor do I advertise what I do or where I work.

Also no matter what your contract may say your employer cannot in general simply terminate your employment if you are convicted of a criminal offence. They can if that conviction impacts your ability to do your job or your continuing employment would harm the company.

Penny Sparrow should never have been prosecuted in the first place. She was ignorant and racist, but that should not be a criminal offence. The additional problem with her prosecution is that typically only white racists are targeted.

Yip that is the case. The issues is not even related to racism per say, it is about the companies brand being associated with negative commentary - i.e. reputational damage.
Same would happen if you show on your social media work for Ford and then complain about how crap Ford cars are.