The Johannesburg Labour Court has confirmed the dismissal of a former employee of Tshipi é Ntle Manganese Mining (Pty) Ltd, who had peeped through a window into a ladies' changing room while a female colleague was in a compromising state.
The court rejected his appeal to review the arbitrator's decision which deemed his dismissal as fair both procedurally and substantively. In its findings, the court highlighted that the arbitration award was reasonable and justifiable under the law, reinforcing the zero-tolerance attitude towards sexual harassment in workplaces, particularly in industries known for high levels of gender disparity and misconduct.
The events surrounding the case unfolded on November 5, 2019, when the man allegedly peeked into the women's changing area at approximately 4:45am. The complainant testified that she became aware of someone looking through the window as she was applying lotion after showering.
The man, who had been employed by Tshipi é Ntle Manganese Mining since 2017, was charged with sexual harassment following the incident, which was reported to the Human Resources Department by the woman shortly after it occurred. The case was later referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) after his internal appeal was unsuccessful. An arbitration hearing was conducted in which the woman and two witnesses testified against the perpetrator, who also provided his version of the events alongside a witness.
The court assessed the credibility of the testimonies, ultimately siding with the complainant. His argument that he did not engage in the alleged conduct, alongside his changing accounts during cross-examination, significantly undermined his defence. The findings determined that he not only breached company policies on sexual harassment but also exhibited a serious lack of credibility during the proceedings.
The Labour Court highlighted the importance of maintaining a workplace environment free from harassment and noted that the man's actions warranted serious disciplinary measures.
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