Labour Appeal Court: Calling Someone a "White Racist" Is Not Automatically Racist Conduct
- Jonathan Goldberg
- 2 hours ago
- 3 min read
The Labour Appeal Court has ruled that calling a manager a "white racist" does not automatically amount to racist conduct and that the context in which such words are used is critical when determining whether dismissal is fair.
In The Commercial Stevedoring Agricultural and Allied Workers Union obo Vuyani Qomoyi v Commission for Conciliation, Mediation and Arbitration and Others (Case No. CA 18/2024, delivered 8 April 2026), the Court overturned both a Labour Court judgment and a CCMA arbitration award, finding that the employee's dismissal was substantively unfair.
The employee was employed by Namaqua Wines as a general worker and served as a shop steward for the Commercial Stevedoring Agricultural and Allied Workers Union (CSAAWU).
In August 2021, the employee was unexpectedly summoned to the human resources office by his manager. Upon arriving, he witnessed another black employee being dismissed without having been involved in the process as the employee's shop steward. During a heated exchange, the employee repeatedly shouted that his manager was a "white racist" who was "firing black people".
Namaqua charged the employee with several offences, including displaying racist behaviour. Although he received only a final written warning for insolence, he was dismissed solely for allegedly displaying racist behaviour. The CCMA found the dismissal to be fair, and the Labour Court dismissed his review application.
The Labour Appeal Court reached a different conclusion.
The LAC held that both the Commissioner and the Labour Court failed to apply the legal test established by the Labour Appeal Court and endorsed by the Constitutional Court in Rustenburg Platinum Mine v SAEWA obo Bester. That test requires decision-makers to consider whether a reasonable, objective and informed person, taking into account the full context, would regard the words as racist.
The Court stressed that merely referring to someone as a "white racist" does not, without more, amount to racist conduct. The words must be assessed in their historical, social and workplace context.
In this case, the employee’s remarks were made immediately after witnessing what he believed was the unfair dismissal of a black employee. The Court found that he was expressing his opinion about what he had observed rather than demonstrating racial prejudice or asserting racial superiority over his manager.
The Court also criticised the employer for focusing on disciplining the employee instead of investigating the allegations of racism that prompted his comments. It noted that allegations of racism should be taken seriously and properly investigated rather than dismissed out of hand.
Finding that the dismissal lacked a fair reason, the Labour Appeal Court ordered Namaqua Wines to retrospectively reinstate the employee.
This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on protected disclosures, employment practices, or compliance obligations, consult a qualified labour law practitioner.
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