The ubiquitous use of cellphones in modern society has meant that employers have, in certain circumstances, deemed it necessary to introduce policies and disciplinary rules regulating their use in the workplace. Of course, the employer must be able to show that these policies and rules are reasonable and valid.
In three recent decisions, South Africa’s Labor Court considered the reasonableness and validity of rules prohibiting the use of cellphones in situations where the employer sought to justify the rule on the basis of health and safety considerations.
In Mostert v Overberg Agri-Bedrywe (Pty) Ltd, an employee was called upon to face three disciplinary charges. The one of relevance here was a “failure to comply with standards, rules and regulations related to safety.” This was based on the allegation that the employee had breached a rule that stated that employees should switch off a machine they were using when making or taking calls. The employer justified this rule on the basis of health and safety considerations.
In fact, in this case, it was alleged that the failure to comply with the rule had resulted in the employee injuring his hand. He was found guilty of this disciplinary infraction and dismissed. A commissioner of the Commission for Conciliation, Mediation and Arbitration (CCMA) upheld the dismissal. The employee then applied to the Labor Court to have the award reviewed and set aside. The Labor Court considered three issues.
The first was whether the...
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