Chronicle (Zimbabwe)

Mind your language at work

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dignity of fellow employees, the employer or the business’ customers could result in disciplina­ry action.

It is therefore important for employees to avoid using abusive language.

Where abusive language is directed at one’s supervisor or somebody senior in the organisati­on, it could be viewed as insubordin­ation and the employee might be discipline­d.

In cases where abusive language is directed at colleagues, the problem is that it impacts negatively on the labour relations and the employee could easy find himself charged with an act inconsiste­nt with one’s implied conditions of his contract and dismissed.

This is so because on being employed, one is impliedly obligated to conduct himself in a manner that does not upset labour relations.

Courts have looked at cases of abusive language and have generally dealt with them on a case by case basis as circumstan­ces of each case are different.

For example, foul language used by mine workers undergroun­d or college students among themselves, might not be an issue at all to them.

However, an outsider might not be amused.

In such cases, the courts are unlikely to view the conduct of workers as misconduct unless it was addressed to the outsider. This kind of approach becomes highly debatable. Courts have said the impact of abusive language depends on who is addressed and the circumstan­ces under which the language has been used and impact on labour relations.

There are also cases where the abusive language is of a racist or sexist nature, in such cases courts are not lenient and employees can easily be dismissed.

There is another type of abusive language which is common these days which is sent via WhatsApp, e-mail or telephone.

If the message turns out to be offensive, it’s possible there could be disciplina­ry action and in worse cases, such conduct attracts criminal charges related to abuse of electronic media.

In conclusion, workers should strive to use civil language at all times to avoid being taken for disciplina­ry hearings.

Davies Ndumiso Sibanda can be contacted on: e-mail: stratwaysm­ail@yahoo.com.

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