As mobile phones become an integral part of daily life, South African employers have increasingly adopted workplace policies that regulate when and how employees may use them. These rules are often introduced in environments where health and safety are at stake, particularly in sectors involving machinery or hazardous operations.

If you’ve been dismissed or face disciplinary action over cell phone use at work, it’s essential to consult a knowledgeable labour lawyer in Bloemfontein to assess whether the employer’s rule is lawful and whether the sanction imposed was justified.

The Courts Weigh In: Recent Case Law on Cell Phone Use at Work

Mostert v Overberg Agri-Bedrywe (Pty) Ltd

In this case, an employee faced charges for failing to adhere to workplace safety protocols. The crux of the misconduct? Using a cellphone while handling machinery—an act that allegedly led to a hand injury. The employer had a safety rule in place requiring machines to be powered down before making or receiving calls.

The Labour Court, in reviewing the CCMA decision to uphold the dismissal, found:

• The employee was aware of the rule through multiple safety briefings;
• The phone indirectly contributed to the injury as the employee used one hand to operate machinery while still handling his phone;
• Even though the disciplinary code suggested a written warning, the decision to dismiss wasn’t irrational under the circumstances.

This case serves as a cautionary tale: where safety risks are high, cell phone use may constitute a dismissible offence, especially if prior warnings exist.

Strict Enforcement in High-Risk Workplaces

AMCU obo Motswadi v CCMA and Others

Here, an employee was terminated for possessing a cellphone in a restricted mining zone. This area was designated a no-cell zone due to the risk of explosions. The Labour Court found the dismissal lawful, emphasising:

• The rule was clearly communicated;
• The potential for harm to others justified a zero-tolerance approach;
• Dismissal was appropriate despite arguments about the harshness of the penalty.

Bloemfontein employment lawyers regularly advise clients in mining and construction industries that safety protocols take precedence, and violating them, even unintentionally, may justify termination.

A More Lenient Approach in Agricultural Settings

Wiggil Farming (Pty) Ltd v CCMA and Others

In contrast, a farm worker dismissed for using a cellphone while driving a tractor received more lenient treatment. The Labour Court held that:

• The misconduct was not gross;
• A written warning would have sufficed;
• Dismissal was disproportionate given the low risk of harm in that environment.

This ruling reinforces that context matters, and that employers must apply discipline proportionately, especially where no immediate danger to others is present.

Key Takeaways for Employers and Employees

Whether you’re an employer drafting workplace rules or an employee facing possible dismissal, understanding the legal limits of cell phone use policies is crucial. Here’s what our employment law experts in Bloemfontein recommend:

1. Employers must ensure rules are clearly communicated – preferably in writing and regularly reinforced through training or meetings.
2. Employees must comply with rules, especially in high-risk environments such as factories, construction sites, and mines.
3. Sanctions must align with the severity of the misconduct. Where the risk is low or the rule was ambiguous, dismissal may not be appropriate.
4. Prior warnings and progressive discipline often play a decisive role in determining fairness.

Speak to a Labour Lawyer in Bloemfontein

If you’re facing dismissal or disciplinary action for using a cellphone at work, or if you’re an employer drafting or enforcing a safety policy, contact Mayet & Associates. As experienced labour lawyers in Bloemfontein, we offer expert guidance in:

• Drafting workplace policies and safety protocols
• Representing parties in CCMA and Labour Court disputes
• Challenging unfair dismissals
• Advising on proportionality and progressive discipline

Your legal rights and obligations matter. Let us help you protect them.