Can your cell phone get you fired?
Cell phones are part of daily life — but using them at work, especially against company policy, can have serious consequences.
This was highlighted in the recent Labour Court case of Mostert v Overberg Agri-Bedrywe (Pty) Ltd [2025], where an employee challenged his dismissal after using his cell phone while operating machinery.
Mostert faced three disciplinary charges, including breaching workplace safety rules. The company had a clear policy: no calls or music while operating machinery. Ignoring this rule led to Mostert injuring his hand — and the company losing R6000 per day as a result.
After being found guilty and dismissed, Mostert took his case to the CCMA, which upheld the dismissal. Still dissatisfied, he approached the Labour Court for a review.
Mostert argued that:
- The rule was not properly communicated to him.
- The disciplinary code recommended only a final warning for a first offence.
- He had just ended a call and was listening to music when the accident happened.
The Court disagreed. Evidence showed the rule had been discussed in safety meetings, which Mostert attended. He knew that calls could only be answered after switching off the machine.
The Court found that Mostert’s phone use indirectly contributed to his injury. If he had put the phone away properly, he would have had better control over freeing the jammed machinery part.
Lastly, although the disciplinary code recommended a warning, the Court held that dismissal was justified because of the safety risks and Mostert’s repeated phone use at work despite warnings.
The dismissal was upheld — sending a clear message:
technology has its place, but workplace safety rules are non-negotiable. Employees should think twice before using cell phones on the job, especially in high-risk environments.
Source: Klsvryburg.co.za
