Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Government warns criminals will face justice after peaceful migration protests

June 30, 2026

Reset @50: From the courage of 1976 to the responsibility of 2026

June 30, 2026

Mrs SA semi-finalist Gavaza Mongwe inspires dreams beyond poverty

June 30, 2026
Facebook X (Twitter) Instagram
Trending
  • Government warns criminals will face justice after peaceful migration protests
  • Reset @50: From the courage of 1976 to the responsibility of 2026
  • Mrs SA semi-finalist Gavaza Mongwe inspires dreams beyond poverty
  • CSOS voids body corporate’s decision refusing homeowner permission to install garden gate
  • Appeal fails for Post Office robbery syndicate leaders as prison terms remain
  • KAAX and Lawyers for Human Rights secure pledge to prevent xenophobic violence
  • ConCourt sets new rules for how the Competition Commission pursues cartel cases
  • Manager’s crude joke about worker’s body ruled sexual harassment, compensation set at R25 000
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Manager’s crude joke about worker’s body ruled sexual harassment, compensation set at R25 000
Labour Law

Manager’s crude joke about worker’s body ruled sexual harassment, compensation set at R25 000

The Labour Court found a warehouse manager humiliated a male subordinate with a crude joke made in front of female colleagues, while reducing his compensation from R100 000 to R25 000.
Kennedy MudzuliBy Kennedy MudzuliJune 30, 2026Updated:June 30, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
The Labour Court ruled that a manager's crude joke about a worker's body amounted to sexual harassment and reduced compensation to R25 000. Picture: Magnific.com
Share
Facebook Twitter LinkedIn Pinterest Email
  • The Labour Court ruled that a warehouse manager’s crude joke about a male employee’s body crossed the line and amounted to sexual harassment.
  • The court found that the remark undermined the employee’s dignity, especially because it was made in front of female colleagues.
  • The employer was found responsible for failing to properly address the complaint as sexual harassment.

A crude workplace joke comparing a male employee’s body to a fingerette was found to be sexual harassment by the Labour Court. The court said that even a single humiliating remark can violate an employee’s dignity and amount to unfair discrimination.

The judgment makes it clear that workplace humour has boundaries, especially when it targets a person’s body or sexuality in front of colleagues.

Joke made in front of female colleagues

The incident happened on 10 July 2024, while employees were cleaning a stationery cupboard at EasyBranch.

Warehouse manager Angela Evertse-Brown found a box of fingerettes, which are small rubber finger covers used when handling paper. She called the warehouse attendant over and offered him some.

When he came over, she joked that the fingerettes were as big as his mthondo, referring to his penis, before handing them to him. The remark was made in front of several female colleagues who were also cleaning the cupboard.

According to evidence, the women laughed at the joke, and the employee laughed too. But the Court found that just because he laughed, it didn’t mean the comment was welcome or acceptable.

Later that day, the employee spoke to Evertse-Brown in private and told her he was unhappy with what she said. He explained that he felt humiliated by the remark. Evertse-Brown apologised right away and repeated her apology several times.

The next day, the employee did not come to work. When Evertse-Brown called to ask why he was absent, he said he was still dealing with the embarrassment from the joke she had made about him in front of his female colleagues.

One joke was enough

The employer argued that the comment was a one-off joke, was not sexual in nature, and should not be seen as sexual harassment. The Labour Court disagreed.

Acting Judge M Sass found that the remark was unwanted, sexual in nature, and made by a manager in front of other employees, which undermined the employee’s dignity.

The judge said that even though the incident only happened once, it could still qualify as sexual harassment. Judge Sass said, "A single incident of unwelcome sexual conduct may count as sexual harassment."

The court also found that the joke was degrading because it publicly referred to the employee's private parts while colleagues laughed at him.

Judge Sass said, "The remark reduced the employee’s dignity as an adult and made him seem undignified. These comments described his private parts in front of everyone present, all of whom were women."

Apology did not erase the harm

The manager apologised immediately after the employee spoke to her, and repeated her apology during a grievance meeting.

The employer then set up a grievance hearing with an independent chairperson. During the hearing, Evertse-Brown admitted that she had overstepped and acted inappropriately as a manager. She promised not to repeat her conduct.

The chairperson recommended that the company provide harassment training to employees and set up a more independent grievance process. The employee, however, was still unhappy, as he believed disciplinary action should have been taken against his manager and not just resolved through the grievance process.

He then referred an unfair discrimination dispute to the CCMA, where an arbitrator found that he had been subjected to sexual harassment, held the employer vicariously liable, and awarded him R100 000 in compensation.

Employer liable for failing to recognise sexual harassment

Although the company arranged a grievance meeting, the Labour Court found that it treated the complaint as a normal workplace issue instead of recognising it as sexual harassment.

Judge Sass said the employer failed to take the steps required by Section 60 of the Employment Equity Act to eliminate the discriminatory conduct, which made the company vicariously liable for the manager’s actions.

Although the company appealed the CCMA award, the Labour Court agreed that the employee had been subjected to sexual harassment and unfair discrimination, and that the employer was liable under the Employment Equity Act.

However, Judge Sass found that the R100 000 compensation award was too high for a one-off incident and reduced it to R25 000, but left the findings on liability unchanged.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

CCMA Employment Equity Act Labour law Sexual harassment workplace harassment
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

North West department barred from disciplining whistleblower engineer pending inquiry

June 29, 2026

Employment contracts: What must be in writing (and what should be in writing)

June 26, 2026

Timberland manager denied legal representation in unfair dismissal dispute before CCMA

June 26, 2026
Leave A Reply Cancel Reply

Prove your humanity: 5   +   2   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Human Rights
5 Mins Read

Government warns criminals will face justice after peaceful migration protests

By Kennedy MudzuliJune 30, 20265 Mins Read

Government says the National Shutdown remained largely peaceful, warns criminals will face prosecution and reaffirms its migration strategy.

Reset @50: From the courage of 1976 to the responsibility of 2026

June 30, 2026

Mrs SA semi-finalist Gavaza Mongwe inspires dreams beyond poverty

June 30, 2026

CSOS voids body corporate’s decision refusing homeowner permission to install garden gate

June 30, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

CSOS voids body corporate’s decision refusing homeowner permission to install garden gate

June 30, 2026

Struck-off advocate and former detective fail separate bids to join legal profession

June 24, 2026

Grace Bible Church says migration concerns must be addressed, urges peaceful 30 June march

June 28, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by