Defamation by ex-employees is an increasing concern in South Africa’s evolving labour landscape.

The line between freedom of expression and reputational harm is becoming more significant, especially when workplace disputes spill onto social media.

Defamation, whether aimed at employers or employees, can have serious legal and professional consequences. For employers, this means taking proactive steps to protect their brand.

For employees, it means curbing their freedom of expression to ensure it does not defame current or previous employers. A recent High Court decision offers valuable insight into how the judiciary is handling these conflicts—and what employers should keep in mind when reputational damage threatens business integrity.

Case Analysis – Liberty Group v Chonco and Another [2025]

In this case, Defamation by Ex-Employees became the central issue after the first respondent, formerly a branch manager at Liberty Group, and the second respondent, a contracted financial advisor, were both dismissed through separate disciplinary processes. The first respondent was found guilty of misconduct following a forensic investigation and arbitration, while the second respondent’s contract was terminated. During the first respondent’s suspension and after the second respondent’s dismissal, both individuals allegedly posted defamatory content on social media targeting Liberty Group, its staff, and its shareholder, Standard Bank Group. Their posts included serious accusations such as corruption, human rights abuses, and unlawful dismissals. Additionally, the second respondent accused a regional executive of sexual misconduct and corruption.

According to the Court, although the respondents had the right to raise issues related to unfair labour practices, serious allegations of this nature should have been addressed through appropriate legal channels such as the CCMA or Labour Court. By choosing to express their complaints on social media instead, they weakened the credibility of their claims. Even if some elements were based on fact, the language used was excessively offensive and went beyond what could reasonably relate to labour disputes. The respondents failed to demonstrate that their statements were true, served the public interest, or constituted fair comment. Accordingly, the respondents were legally prohibited from making or publishing any false or defamatory statements about Liberty Group, its employees, or Standard Bank, for that matter. The respondents were also barred from harassing the applicant’s employees and were ordered to remove all their related social media posts and comments that they had made.

How Employers Should Deal with Defamation

When reputational harm arises, especially online, employers must act swiftly and strategically. Defamation can damage trust, brand value, and employee morale if left unchecked. Here are essential steps to follow:

  1. Conduct an Internal Assessment

Assess the accuracy of the statements and their potential impact. Consult with HR, legal, and communications teams to determine whether the matter requires external legal intervention.

  1. Engage the Alleged Offender

In some cases, especially if the individual is a current or recently dismissed employee, it may be appropriate to address the issue internally first, seeking a retraction or clarification before escalating legally.

  1. Issue a Formal Demand

Where necessary, issue a demand requiring the immediate removal of defamatory content and a public retraction. This step demonstrates seriousness and can prompt compliance without litigation.

  1. Communicate Internally and Externally

If the matter gains public attention, prepare a carefully worded communication for staff and stakeholders to control misinformation and protect the company’s reputation.

  1. Review Your Contracts and Policies

Ensure employment contracts and social media policies include clear clauses on confidentiality and acceptable conduct. Prevention is always better than a cure.

Conclusion

In today’s hyper-connected world, defamation by ex-employees can cause rapid and widespread reputational harm, affecting a business’s credibility, stakeholder trust, and internal culture. Employers cannot afford to let damaging and false statements—especially those made on public platforms—go unchallenged. Addressing defamation by ex-employees through swift legal action not only helps restore your organisation’s reputation but also sends a clear message about protecting your brand. To mitigate risks, employers should implement clear policies, respond promptly when issues arise, and pursue appropriate legal avenues to safeguard their leadership and integrity.

Need help navigating defamation by ex-employees? Contact Invictus Group today for expert legal guidance and proactive support to safeguard your company’s reputation and compliance.