Why off-duty conduct matters in SA workplaces

Updated Sept. 1, 2025, 2 p.m. | By Stacey & J Sbu

Think your personal life is separate from your work life? Think again. Here’s how South African labour laws can hold you accountable for off-duty conduct.

The recent employee ‘activities’ at a Coldplay concert that made global headlines called attention to employee conduct after hours.

The incident, which involved a company’s CEO and senior HR representative who were caught on a kiss-cam, quickly brought their employer into the spotlight.

Now this begs the question, when does off-duty behaviour impact the workplace in a South African context?

In South Africa, labour laws recognise that employee conduct outside the workplace can still have workplace consequences. This is particularly true when the conduct harms the employer's reputation, involves senior executives or highly visible staff or undermines trust in the employment relationship. Even personal actions, when public and damaging, may justify disciplinary measures, provided due process is followed.

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A notable case that highlights this is Edcon Limited v Cantamessa and Others (2019). In this case, an Edcon employee posted offensive comments on Facebook while on annual leave. Although the remarks weren't directed at Edcon, the public link between the employee and the company created a reputational risk. The company suspended and ultimately dismissed the employee after a disciplinary enquiry, which was upheld by the Labour Court.

This case serves as a reminder that off-duty conduct is not always "off-limits." When reputational harm or a breakdown in trust can be shown, disciplinary action may be justified. In today's digital age, reputational damage can spread quickly, and one viral post can undo years of brand building. Employers must be prepared to act when employee behaviour, even outside the workplace, threatens the integrity of the business.

To safeguard reputation and maintain trust, companies should:

Draft and implement clear policies on employee conduct, including off-duty conduct and social media use.
Clearly communicate these policies to employees and ensure they understand the expectations.
Apply fair and consistent processes when disciplinary action is required.

Having clear policies in place is crucial in managing employee conduct and protecting your business's reputation. By establishing clear expectations and consequences, employers can reduce the risk of reputational damage and ensure that employees understand their responsibilities.

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