These emojis can get you into serious trouble at work in South Africa
Emojis are becoming a common part of workplace communication, but experts warn they can easily be misinterpreted and lead to serious trouble.
In South Africa, emojis are becoming the centre of legal disputes, disciplinary hearings, and misconduct investigations.
One high-profile example is the ongoing case involving Eastern Cape High Court Judge President Selby Mbenenge, who the Judicial Conduct Tribunal is investigating following a sexual harassment complaint.
The case, brought by the judge’s secretary, Andiswa Mengo, centres in part on WhatsApp messages and emojis sent by Mbenenge. The investigation could lead to his impeachment.
Forensic linguist Dr Zakeera Docrat said emojis are often misunderstood and can blur the meaning of a message, especially in diverse work environments.
“A peach, a banana, or even a syringe emoji can get you into trouble,” she said during a recent webinar on emojis and workplace communication.
She explained that emojis are not always as innocent as they seem. While a peach emoji might refer to fruit, it can also be interpreted as suggestive, depending on the context.
The same goes for the eggplant, banana, and syringe emojis. Although widely used, all have taken on alternative meanings.
“What may seem like a joke or innocent reaction to one person could be interpreted very differently by another,” said Docrat.
“It’s not just about the emoji itself. It’s about the words around it, the relationship between the sender and recipient, and how the message is understood.”
Docrat said these risks are even greater in South Africa’s multicultural and multilingual workplaces.
“Employees communicate across languages, cultures, and religions. That makes it essential to be careful about how emojis are used.”
The red heart emoji is one example. While it often expresses support or affection, it could be seen as too personal in a workplace setting.
“There were questions during the webinar about whether the red heart is too romantic. Some suggested using a black or white heart instead. These are the decisions employers and employees need to consider,” said Docrat.
Emojis should be including in workplace policies
She also warned about emojis like the thumbs-up, which are usually meant as simple acknowledgements but can come across as rude or dismissive.
“You might be saying ‘noted’ or ‘got it,’ but someone else could see it as cold or even passive-aggressive,” she said.
The winking face emoji is another common one that can be easily misunderstood. In a casual chat, it might seem harmless.
However, in a work group chat, it could be read as flirtatious, sarcastic, or inappropriate. “It depends on who’s sending it, receiving it, and the setting,” Docrat said.
Because emojis can be interpreted in many ways, Docrat recommended that workplaces include emojis in their communication policies.
“If you’re unsure about whether an emoji is appropriate, don’t use it. It’s better to write ‘thank you’ or ‘noted’ than risk being misunderstood,” she said.
She also noted that what’s acceptable varies between industries. For example, emojis might be used more freely in a creative agency.
However, they may not be considered professional in a legal or corporate setting. “Each workplace needs to decide what is acceptable.”
Docrat also warned that interpreting emojis, especially in legal or disciplinary matters, should be left to trained professionals.
“It’s not something that should be guessed or assumed. Just like you wouldn’t let an unqualified person make a legal decision, the same goes for analysing emojis in serious cases.”
Labour lawyer Aslam Moolla said messages sent on platforms like WhatsApp, emojis included, are now often used as evidence at the Commission for Conciliation, Mediation and Arbitration (CCMA), in labour courts, or during disciplinary hearings.
He gave an example of a manager telling a worker to attend a meeting at 07h00. If the worker replies with a thumbs-up emoji, it could be taken as confirmation that they will attend.
“Some people think it just means ‘I saw your message,’ but others treat it as an agreement,” Moolla said.
He added that giving a thumbs-up in response to a contract or job offer can also cause legal issues. “The other party might argue that you accepted the terms. Then it’s up to a judge to decide.”
Moolla also pointed to WhatsApp’s blue tick feature as another concern. “If you read a message, it shows you saw it,” he said.
“If it’s, for example, a disciplinary notice and you’ve blue-ticked it, you can’t later claim you never received it. That screenshot can be used as evidence.”
Both Docrat and Moolla have warned employees and employers to be cautious. Emojis in the wrong context can lead to misunderstandings, disciplinary action, or even legal trouble.
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