Freedom of Speech vs Company Culture: Where do we draw the line?

The Talking Point

The Labour Court of South Africa in Johannesburg, in a judgment delivered on the 20th of June 2025, dismissed a review application concerning the use of vulgar language during a Safety, Health, Environment, and Quality meeting directed at the convener. The Court held that the arbitrator’s findings on both the employee’s guilt and the sanction imposed were reasonable and fell within the bounds of what a reasonable arbitrator could conclude. Accordingly, the application for review was dismissed. We use this opportunity now to look at the line between freedom of speech and company culture. Where are the grey areas and what lessons can we learn from this case for both employers and employees? To help us navigate this issue, we are joined by...

Guest: Nombuso Ndlovu - Industrial Relations Consultant at Strata-g Labour Solutions

Guest: Mpumelelo Zikalala - Legal analyst