The ubiquitous use of cell phones in modern society has meant
that employers have, in certain circumstances, deemed it necessary
to introduce policies and disciplinary rules regulating their use
in the workplace. Of course, the employer must be able to show that
these policies and rules are reasonable and valid.
In three recent decisions, the Labour Court considered the
reasonableness and validity of rules prohibiting the use of cell
phones in situations where the employer sought to justify the rule
on the basis of health and safety considerations.
In Mostert v Overberg Agri-Bedrywe (Pty) Ltd, an
employee was called upon to face three disciplinary charges. The
one of relevance here was a "failure to comply with
standards, rules and regulations related to safety". This
was based on the allegation that the employee had breached a rule
which stated that employees should switch off a machine they were
using when making or taking calls. The employer justified this
