Ever had the urge to be silly during working hours? Be aware, what may seem like innocent fun (or horseplay) to you may be viewed in a different light by your employer.

You may be surprised to find the term horseplay in your Employer’s Disciplinary Code or Procedure and to learn that horseplay might give cause to a Final Written Warning or even Dismissal when found guilty.

While the courts may also view horseplay in a serious light, there are some exceptions. One such exception was the case between the Kellogg Company and one of its employees, Lucky Khumalo.

Lucky Khumalo was so thrilled to see his colleague again after an absence of two days, that he grabbed her and spun her around – because that is what they always used to do. But what Lucky didn’t realise was that his colleague had just returned from sick leave due to severe headaches. So, when she asked him to stop he did not heed immediately with the result that she lost consciousness only to awake in the clinic.

When confronted later, Lucky justified his actions on the basis that he was happy to see his colleague again. Lucky, who had more than ten years of service, was subsequently dismissed.

The dismissal was challenged at the CCMA and Lucky was reinstated when the Commissioner ruled the sanction of dismissal too harsh. The Kellogg Company then took the award on review to the Labour Court.

The Labour Court agreed with the Commissioner and reinstated Lucky after taking his innocent intention, years of service, and clean disciplinary record in consideration.

Think before you act
And while Lucky, was lucky (pun intended) this should serve as a warning to think before you act, as a simple act in a moment of impulse can cause you to lose your employment or ruin your career!

Article by Tiekie Mocke, Manager of MISA’s Legal Department.

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