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‘There’s witchcraft in our office. Can an employee be fired for that?’

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A little professional jealousy is normal. But what happens when employees start suspecting the worst of each other?
A little professional jealousy is normal. But what happens when employees start suspecting the worst of each other?
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Dear Aus Nthabi,

Can an employee be dismissed from work if the employer suspects that the employee is practising witchcraft at the workplace? – Scared

Read more | ‘Can I sue someone for being racist?’

Aus Nthabi responds

An employer has a right to dismiss an employee for misconduct.

An employee can then take the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) or labour court if he or she is of the opinion that the employer does not have powers to deal with witchcraft issues.

"The CCMA or labour court in adjudicating such a matter needs to determine if a substance which the employer alleges to be ‘muthi’ or amounts to witchcraft can cause harm to other people and whether this is a dismissable offence."
Nthabiseng Monareng

On the other hand, if an employee is falsely accused of practising witchcraft, such an accusation is of a serious nature and should lead to a disciplinary hearing against the person who made the accusation.

Read more | ‘To get the job, I lied about my degree – I only got it later. Can I fight my dismissal?’ 

Nthabiseng Monareng

Nthabiseng Monareng holds LLB and LLM degrees from the University of Witwatersrand, Johannesburg. Nthabi has more than 10 years’ experience in the legal field, specialising in family law. She’s written books on family law and is a family mediator.



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