Sexual harassment decision dismissed

• Author: Nicola Daniels
• Published date: 11 April 2022
• Publication title: Cape Times, The (Cape Town, South Africa)

“The presiding officer either ignored evidence before her, misconstrued the nature of the enquiry she was required to make, and ultimately made decisions not rationally connected to the evidence before her and, indeed, drew conclusions that a reasonable decision-maker could not have made,” Acting Labour Court Judge I Haffegee said last week

The department wanted the presiding officer’s decision to be set aside and replaced with an order finding the alleged perpetrator guilty of all the allegations against him.

However, the court ordered that a new disciplinary hearing be held, presided over by a different presiding officer.

The provincial Health Department did not respond to requests for comment by the time of publication.

The charges included that on or about October 25, 2019, the employee allegedly sexually harassed his colleague by kissing her/attempting to kiss her in his office without her consent.

Charge two related to unwelcome verbal remarks of a sexual nature, while charge three alleged that he touched and rubbed her thighs in his vehicle without her consent when she accepted a lift from him.

The fourth charge related to WhatsApp messages calling her “babygirl“ and “love”, while the fifth charge was about the alleged repeated offer of lifts and invitations to lunch despite refusals.

The presiding officer found the alleged perpetrator guilty of only one of the...