You could be dismissed for using your cellphone at work
Don't disregard your workplace's health and safety regulations and policies – you could lose your job.
Using your phone in the workplace is generally frowned upon, although this largely depends on whether your company permits it.
Different types of employment come with varying rules and policies. In some cases, being on your phone is part of the job, while in others, phone use is strictly prohibited due to health and safety concerns.
If your company has a policy regarding cellphone use, you could be dismissed for breaching the code of conduct.
Several recent cases brought before the Labour Court have set important precedents, highlighting the potential consequences of phone use at work.
In the first case, 'Mostert v Overberg Agri-Bedrywe (Pty) Ltd,' an employee was dismissed based on three disciplinary charges, one of which stated that the employee failed to comply with the company's safety rules and standards.
The employee allegedly breached a rule that stated that employees must switch off all machinery when making or taking a call. Even though the employee said they had done this, the employee was injured while restarting the machine after ending the call.
According to a BusinessTech article, "The court noted that he still had his phone connected to his earphones, which limited his movement and resulted in an injury. When dealing with reasonableness, the Court found that the employee had used his cell phone whilst operating machines on numerous previous occasions.
"It also noted that using a phone was linked to the injury and that the employer had previously warned its employees about the safety risks of using a cell phone."
In another case, the 'Association of Mineworkers and Construction Workers Union obo Motswadi v Commission for Conciliation, Mediation and Arbitration and Other revealed that the employee was dismissed because they breached a rule prohibiting them from having their cellphone on them in restricted areas.
The commissioner upheld the dismissal, noting that the employee was aware his misconduct was serious and could have led to an explosion at the mine.
Health and safety were at the core of both cases, and the Labour Court believed the employer's health and safety considerations in these instances were reasonable.
In a third case, an employee was dismissed for speaking on the phone while driving a tractor.
However, it was determined that the employer should have made more effort to implement progressive discipline before resorting to dismissal for the employee's actions.
It's safe to say that although using a cellphone at work might not
always result in being fired, it can be hazardous in other ways.
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