Can dropping f-bombs in the workplace get you fired?

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The court's judgment offers a compelling lens through which to examine this tension — and where the line might be drawn, says Advocate Tertius Wessels, managing director at Strata-g Labour Solutions.

The Buthelezi case: A snapshot

At the heart of the case was Siyabonga Buthelezi, a long-serving employee dismissed for using vulgar language during a workplace safety meeting. The arbitrator found his dismissal substantively fair, though procedurally flawed, awarding him compensation for the latter. Buthelezi argued that his outburst was a slip of the tongue, not directed at anyone. The employer, AEL Mining Services, maintained that the language was disruptive, disrespectful, and undermined workplace decorum.

“The Labour Court upheld the arbitrator’s findings, noting that even if Buthelezi had intended to complain about the state of the showers, his use of the word "f**n" in a heated exchange with the Safety Health Environment and Quality (SHEQ) facilitator — especially in front of colleagues and contractors — was unacceptable. The court emphasised that acknowledging inappropriate language is not the same as showing remorse, and that the context in which the words were used aggravated the misconduct,” explains Wessels.

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The legal landscape: Rights vs. responsibilities

Section 16 of the South African Constitution guarantees freedom of expression, but it’s not absolute.

“Freedom of speech is a protected right, but it must be exercised responsibly. In the workplace, this means balancing individual expression with the employer’s right to maintain a respectful, productive environment. Employees cannot use constitutional rights as a shield for misconduct,” Wessels says.

This principle is echoed in multiple rulings. Courts have consistently held that speech which impairs dignity, incites harm, or disrupts workplace harmony may justify disciplinary action — even dismissal. The Buthelezi case reinforces that vulgarity, especially when directed at a colleague in a professional setting, crosses the line.

Company culture: The unwritten rules

Workplace culture is more than dress codes and mission statements. It’s the shared understanding of what’s acceptable — and what’s not. Employers must foster environments that are safe, inclusive, and respectful. That includes setting clear boundaries around speech and conduct.

But employees also have a voice. They can — and should — raise concerns, challenge policies, and advocate for change. The key is how they do it. Constructive criticism, raised through appropriate channels, is protected. Personal attacks, profanity, or public shaming are not.

Employers must ensure that policies are clear and consistently applied. But employees must also understand that freedom of expression does not mean freedom from consequences, notes Wessels.

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Drawing the line

So, where is the line? It’s not always obvious. But the courts have offered guidance:

• Context matters: What was said, how it was said, and to whom.
• Intent matters: Was the speech aimed at improving conditions or venting frustration?
• Impact matters: Did the speech harm relationships, reputations, or morale?

In Buthelezi’s case, the court found that his words were not just inappropriate — they were disruptive and disrespectful. That made dismissal a fair sanction.

“Freedom of speech is vital. But in the workplace, it must coexist with professionalism, respect, and accountability. Employers should foster open dialogue but also enforce boundaries. Employees should speak up but also know when and how to do so. The Buthelezi judgment is a reminder that rights come with responsibilities. And that in the delicate dance between expression and culture, the law is watching,” concludes Wessels.