A female employee of Pixley Ka Seme District Municipality in the Northern Cape, who claims a councillor inappropriately touched her between her legs, has been granted a condonation application for the late filing of a statement of case.
The case centres on an incident that allegedly occurred on 11 January 2021, when the municipal councillor purportedly assaulted the applicant in plain view of a witness.
The Labour Court in Cape Town emphasised the serious ramifications of sexual harassment in the workplace, labelling it a grave misconduct that undermines the rights and dignity of individuals.
Justice J Duba noted the importance of adjudicating such claims, given that they touch on fundamental rights and societal values, highlighting how incidents of this nature pose barriers to achieving substantive equality in the workplace.
The judge said it is clear that it is in the interest of justice that this kind of a case be heard, considering that it has been acknowledged by the municipality that incident occurred in the workplace.
"It will be important for the court to determine that such conduct cannot be tolerated. Further the court will have an opportunity to rule on municipal liability towards employees who are sexually harassed by the councilors.
"The spplicant submit that the prospects of success and the importance of the matter, the court is referred to the fact that the respondent does not seriously, or at all, dispute that certain counsellor inappropriately touched the applicant between her legs."
Following the alleged incident, the applicant lodged a complaint with the C
CCMA which resulted in a certificate of non-resolution issued on 25 July 2021. However, the delay in formalising the case arose from attempts to broker a settlement with the municipality, ultimately leading to a statement of case being served on 10 December 2021, which fell past the prescribed period for filing.
The court ruling underscored several factors that informed the decision to grant condonation, including the relatively minor degree of lateness, the importance of the case, and the applicant’s prospects of success. Although the respondent submitted that the case had not been properly justified, the court acknowledged the serious nature of the allegations, which include claims of inappropriate conduct by an elected official who was subsequently disciplined.
Throughout the judgment, the court reiterated the principle that employment disputes should be resolved expeditiously, ensuring that justice is accessible to all, particularly in cases where individuals seek to defend their rights against harassment in the workplace.
