Abstract
Social media is the new norm in the current decade. Social media defies time boundaries and allows people from around the world to instantly communicate and connect. From a labour perspective, social media enables businesses to connect with existing and prospective clients. It serves as a digital forum for advertising and marketing. However, social media also serves as a platform through which racism is perpetuated in South Africa, taking into account the Republic’s history of apartheid and colonialism. When employees post content on social media that constitutes racism, such conduct may result in dismissal as a sanction. Acts of racism in any form are regarded as serious and of such gravity that they warrant dismissal as an appropriate sanction. This is because they have a negative impact on sound working relations and the employment relationship. They also have a negative bearing on other constitutionally protected rights. This study seeks to examine whether dismissal is a fair and appropriate sanction for employees who post racially discriminative content on social media platforms in South Africa and Germany and considers the conflicting constitutional rights when dealing with social media disputes.