A viral kiss cam moment at a Coldplay concert ended the career of Astronomer's CEO, placed its Chief People Officer under an uncomfortable spotlight, and triggered a reputational firestorm for the company. In the days following the incident, Astronomer confirmed that Byron had tendered his resignation, which the Board of Directors accepted. Cabot, meanwhile, has not resigned, though her profile was removed from the company's "About Us" page, fuelling further speculation about her future.
While more facts began to emerge in the United States, the scenario is a timely reminder for South African employers: when senior employees 'behave badly' in public, the consequences can reverberate well beyond the stadium and straight into the boardroom. This kind of pre-emptive distancing can have unintended consequences. Internally, it may foster a culture of fear, where employees worry that any misstep, be it in public or privately, could lead to swift and unceremonious removal. Externally, it can undermine confidence in the company's governance, suggesting that leadership decisions are reactive rather than principled.
So, what lessons can we draw from the Coldplay commotion and what are the best practices for employers when faced with these sorts of public scandals?
Do not confuse speed with due process and think through the optics
Public outrage often demands an immediate response, but employment legislation may dictate otherwise. Pulling an executive's profile from the company website can create the impression that a decision to dismiss is a foregone conclusion when the process has not yet been finalised.
To guard against unfair dismissal claims and reputational blowback:
- Convene a rapid, but thorough, fact-finding investigation.
- Consider suspending the employees or permitting them paid time off during the pending investigation or disciplinary process.
- Provide the employee with written notice of the allegations.
- Afford a reasonable opportunity to prepare and present a defence.
Apply consistent standards – especially at the top
The optics of disciplining junior staff for lesser offences while shielding senior leaders will erode trust and invite litigation. Conversely, scapegoating a high-profile employee simply to placate social media can be equally damaging.
Consistency in the application of discipline is key and making sure that the right course of action and appropriate outcomes are at the forefront crisis management.
Social media and after-hours conduct are fair game – but assess the nexus
South African case law confirms that conduct outside the workplace may justify discipline if it impacts the employment relationship. When an incident goes viral, it is important to establish:
- Whether the employee was identifiable as representing the company?
- Is there reputational, financial, or operational harm?
- Has trust and confidence been irreparably damaged?
If the answer to any of these is "yes", disciplinary action is permissible – provided the usual procedural safeguards are observed.
Communications strategy – Legal and PR must talk to one another
Silence can fuel speculation, but over-disclosure risks defamation and breach of privacy claims.
Best practice:
- Issue a short holding statement acknowledging the incident, confirming an investigation, and reiterating the company's commitment to values (where necessary).
- Resist publishing disciplinary outcomes, unless it is absolutely necessary. There are ways of saying things, without saying things...
- Coordinate messaging across HR, legal, marketing and external PR to ensure consistency. Rope in external counsel, where necessary.
Temporary removal from public platforms – tread carefully
Taking down the employee's bio from the website or intranet
may feel like a quick fix, but it can be interpreted as a
preconceived finding of guilt. If removal is necessary to limit
immediate harm:
" Mark the profile "temporarily unavailable" rather
than deleting it.
- Record the business rationale in internal discussions / communications (e.g., harassment threats, client sensitivities) so that if challenged on any termination, the contemporaneous reasoning can be produced.
- Reinstate or adjust the profile promptly once the process concludes.
Preserve evidence – your digital forensics checklist
Video footage, tweets, WhatsApp messages and CCTV can be critical.
Move quickly to:
- Secure copies of any relevant information before they disappear
behind privacy settings.
" Brief IT, HR and legal teams on any imaging of laptops or retrieval of information that may be necessary for any investigation, disciplinary action or subsequent legal proceeding.
Consider alternatives to dismissal
Not every reputational incident warrants termination. Final written warnings, demotion, training or mediation may be appropriate. This is particularly true where:
- The harm is not significant or material;
- The conduct is a first offence;
- The employee admits wrongdoing and shows genuine remorse; and/or
- The reputational harm can be mitigated through public apology or corrective action.
Learn and update
Once the dust settles, review and refine:
- Disciplinary procedures and escalation matrices.
- Policies on social media, ethics and after-hours conduct.
- Crisis-management protocols.
Key take-away for employers
A viral clip lasts seconds; the legal and reputational fallout can endure for years. South African employers must balance the imperative to protect the brand with the statutory obligation to act fairly. If you find yourself facing an Astronomer-style crisis, pause, investigate, follow due process and communicate with care. The crowd may demand instant action, but the Labour Relations Act and the courts require something more considered.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
