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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2017-02-03
Rights of co-workers

What happens if a co-worker racially abuses or makes insulting, derogatory or hurtful statements to another worker Working in close proximity with your fellow co-workers day in and day out, chasing deadlines and targets can often result in a build up of tensions. However if relationships between co-workers become strained and are left unchecked, it could become potentially toxic and destructive for all concerned.

This could not only result in poor performance and a decline in the profitability of the company, but would also lead to low morale amongst colleagues, not to mention the reputational damage caused to the company. My advice to the employer company would be that the company should take not hesitate to take quick and decisive action at the first sign of trouble brewing in the workplace, to avoid these problems escalating out of control.

To succeed in a defamation claim, a person needs to prove that certain statements, whether oral or in writing, were wrongful and unlawful, made with the intention to harm the person concerned and whether there was publication of those offensive statements. A statement would be regarded as defamatory, if it lowers the esteem in which a person is held in society.

A statement, which ridicules, humiliates, belittles or is contemptuous of another, would be regarded as ticking the elements needed for a claim of defamation. A defence to defamation would be that the statement was not made with the intention to harm or that it was not unlawful or wrongful to do so. Can a person sue a co-worker for defamation even after the co-worker leaves the employment The answer is yes one can.

In the case of Van Der Westhuizen v Motlogelwa, the Gauteng High Court found that a woman, Van Der Westhuizen, was defamed and that she suffered damages to her name and reputation, when an ex-employee, Ntshabele, insulted her after he was retrenched from the company.

Van der Westhuizen was employed as a human resources manager for a specialized IT software company. A co-worker, a business analyst, was retrenched from the company. Van Der Westhuizen said that Ntshabele hurled insults at her, calling her a liar and blamed her for his retrenchment.

A number of co-workers and members of the public witnessed the incident. He also called her a racist and a liar and said she was an "unintelligent white girl" and to threatened to "teach her a lesson".

Van Der Westhuizen said she felt very humiliated and frightened. She then sued Ntshabele for defamation of character and claimed damages for pain and suffering and damage to her reputation.

The court said that the conduct of Ntshabele was of "a serious nature" and fact that the statements were made in front of other employees of the company, "clearly infringed her sense of self-worth (dignitas) and were intended to insult, humiliate and belittle her in the presence of her co-employees and awarded her R50 000,00 in damages.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney.

Email fawzia@thelawdesk.co.za or call 031 - 502 5670 for legal assistance at competitive rates.