Employee Misconduct at Year-End Functions: A South African Employer’s Guide

Year-End Functions: Keeping the Party Legal

South African employers love a good year-end bash—but the courts have made it clear that the festive cheer ends the moment conduct threatens the employment relationship. Below is a refreshed article that replaces the fictional authorities with reported decisions and folds in the legal pointers you asked for.

1 Why “after hours” can still be “at work”

The Labour Courts (and even the Constitutional Court) apply a “work-nexus” test: if conduct outside ordinary hours damages the employer’s reputation, disrupts trust or poisons workplace relations, discipline is permissible.

• SARS v CCMA & Kruger – the Constitutional Court confirmed that racist speech uttered away from the office justified dismissal because it destroyed the trust relationship. sars.gov.za

• Edcon Ltd v Cantamessa – a senior buyer’s racist Facebook rant posted while on leave was held dismissible; the employer’s reputation was at stake. saflii.org

• Trinity Telecoms (Pty) Ltd v CCMA – allegations of dishonesty made at the 2019 year-end function led to dismissal proceedings; the Court accepted that a function organised (and paid for) by the employer remains part of the employment context. saflii.org

Key point: the event venue and the clock are irrelevant once there is a clear link to the employer’s interests.

2 Real-world misconduct scenarios (and the cases behind them)

3 Statutory anchors you must know

• Labour Relations Act 66 of 1995 – Schedule 8 (Code of Good Practice on Misconduct) sets the fairness standards for any disciplinary action.

• Employment Equity Act s 60 – an employer may be vicariously liable for harassment at a work event if it cannot show that “reasonable steps” were taken to prevent it.

• Code of Good Practice on the Prevention and Elimination of Harassment (GG 46056, 18 Mar 2022) – requires proactive policies, training and prompt investigation. labour.gov.za

4 Pre-event risk-management checklist

1. Circulate a “Year-End Function Policy”. Make it clear the function is an extension of the workplace and that normal rules on harassment, discrimination, substance abuse and confidentiality apply.

2. Control alcohol. Voucher or “two-drink” systems and a defined “last call” help manage intoxication risks.

3. Nominate sober duty-managers. At least two senior staff should stay alert, intervene early and record incidents.

4. Arrange safe transport. Taxis, shuttles or designated drivers reduce drunk-driving liabilities.

5. Brief the venue. Ensure hotel or restaurant security understand whom to contact if trouble flares.

5 Handling an incident the right way

Failure to follow fair procedure was precisely why Trinity Telecoms lost its review—despite the misconduct occurring at a year-end party. saflii.org

6 Bottom-line lessons for employers

• “It happened after hours” is not a defence if the conduct taints the workplace.

• Courts treat harassment, racism and violence at functions as seriously as if they happened in the office.

• A written policy plus visible supervision and fair, prompt discipline are the best shields against litigation.

7 Need help?

Laboured South Africa can:

• Draft or update your Year-End Function Policy.

• Train managers on spotting and stopping misconduct.

• Conduct or chair fair disciplinary hearings.

• Defend you at the CCMA or Labour Court.

Contact: info@laboured.org.za | 082 330 3939 | www.laboured.org.za