The Labour Court’s decision in Mediclinic Nelspruit (Pty) Ltd v Shiba and Others has placed workplace romances under the spotlight. The judgment serves as a cautionary tale for employers about the reputational, legal, and operational risks that can arise when personal relationships break down inside the workplace.

Background: HR Professional Crosses the Line

Charles Thamsanqa Shiba, an HR Business Partner at Mediclinic Nelspruit, entered into a romantic relationship with a colleague, Nyakane. When the relationship ended, Shiba repeatedly attempted to reignite it, even after his colleague secured a protection order. Despite clear instructions from management to stop, he continued to use workplace systems and his position as HRBP to contact and intimidate her.

Ultimately, Mediclinic dismissed Shiba for misconduct, citing unprofessional conduct and abuse of authority.

Harassment and the “Fine Line” in Workplace Relationships

Although Shiba was not formally charged with harassment, the facts of the case closely mirror the definition under the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace: “any unwanted conduct which impairs dignity.”

The case illustrates how the pursuit of a colleague, once unwelcome, can quickly shift from personal interest to harassment. For employers, this creates a dangerous grey area where misconduct, if not swiftly addressed, can escalate into legal disputes or reputational harm.

Abuse of Power: Authority and Vulnerability

A key feature of the Mediclinic case was Shiba’s misuse of his senior HR role. By leveraging his authority to persist with unwanted advances, he created a power imbalance.

This issue is echoed in the widely publicised allegations involving Judge President Mbenenge, where the complainant claimed she sometimes acquiesced to advances due to the judge’s senior position, not genuine willingness. Whether proven or not, such cases highlight the heightened risk of harassment where hierarchical authority is involved.

The Cost to Employers

Failed workplace romances don’t just affect the employees involved. They can burden the employer in multiple ways:

• Reputational damage: Misconduct linked to workplace relationships reflects poorly on the organisation.
• Financial impact: Employers may face litigation, settlement costs, or expensive disciplinary processes.
• Operational disruption: HR and management resources are diverted from business priorities to resolve personal conflicts.
• Workplace morale: Colleagues may feel uncomfortable, divided, or demoralised by ongoing disputes.

Legal Context: No Blanket Ban, but Clear Boundaries

South African labour law does not prohibit workplace relationships. In fact, a total ban may infringe employees’ constitutional rights to privacy and freedom of association. As Judge Tlhotlhalemaje noted in Rustenburg Platinum Mines Ltd v UASA obo Pietersen and Others (2018), attraction and emotion are part of human nature.

However, employers are entitled, indeed obliged, to protect the integrity of the workplace. This means setting clear rules, particularly in situations involving reporting lines or potential conflicts of interest.

Best Practices: Managing Romantic Relationships at Work

To mitigate risks, employers should implement a structured workplace dating policy. Such a policy can include:

• Mandatory disclosure: Require employees to notify HR when a romantic relationship begins or ends.
• Limits on authority-based relationships: Strongly discourage relationships where one partner directly supervises or evaluates the other.
• Professional boundaries: Restrict displays of affection in the workplace to maintain professionalism.
• Harassment prevention: Make it clear that once advances are unwelcome, continued pursuit constitutes harassment.

Employers should also act quickly if a relationship becomes disruptive or problematic, ensuring fair processes, protection of affected employees, and compliance with harassment laws.

Conclusion: Balancing Rights and Risks

The Mediclinic Nelspruit v Shiba judgment reinforces the need for employers to take proactive steps in regulating workplace conduct. While outright bans on office relationships are neither practical nor legally sound, employers must establish clear policies and enforce professional standards to prevent misconduct, harassment, and abuse of authority.

By striking this balance, organisations can respect employee rights while safeguarding workplace harmony, reputation, and productivity.