A man who claimed he was “only fooling around” with a female colleague in the boardroom, while she claimed he "groped her breasts” and tried to force her skirt and panties down, lost his legal bid to get his job back.
Once again, a warning against sexual harassment - especially in the workplace - was issued by a Johannesburg Labour Court judge who confirmed the man’s dismissal.
Judge Molatolo Makhura, in turning down the applicant’s bid to be reinstated, remarked that “this is a man who should be nowhere near any workplace, especially one with 80% of female employees”.
The applicant was charged and dismissed for sexual harassment.
The CCMA found in its arbitration award that the dismissal was substantively fair but procedurally unfair. The commissioner awarded the applicant three months’ compensation for the procedural unfairness decision.
The sexual harassment incident occurred at the company’s boardroom in one of its stores in Mokopane.
The complainant, only identified as CM, stated that on the day of the incident, she was in the boardroom preparing for her winter sales meeting. The applicant offered to come to CM’s store to check her presentation.
According to her, he found her seated with her back facing the entrance. “He closed the door, approached me, wrapped his arms around my upper body, and started groping my breasts.”
She told him to “get off her” and he told her that she should relax as it was “going to be quick”.
“He held me so tightly that I could not move. While I was wrestling to set myself free, I finally managed to escape the chair. I was in shock and shaking all over.”
CM said she ran to the other side of the boardroom, but he followed her and pressed her against the wall. “He forced his mouth onto mine and said he wanted me.”
CM said she told him no and that she did not appreciate this while at work. “He tried to force down my skirt and panties, and forced his hand between my thighs… At this point, I felt helpless and was getting weaker. He then tried with one hand to untie his pants.”
She said he only left her when she threatened to scream.
The applicant, on the other hand, explained he found CM sitting and eating dumplings in the boardroom. He then “tapped her upper body and took a seat next to her.”
They started chatting about issues that were unrelated to work and “started fooling around in a playful manner by nudging and pushing” each other and “had a nice chuckle.” He denied touching CM in an uncomfortable way and said that at no point did she shout for help.
According to the applicant, CM told him her husband had made the allegations that he (the applicant) was making advances on her, as he felt threatened by the fact that she was working with a male colleague.
The applicant claimed CM was “coerced” by her husband to lay the complaint - an allegation denied by the complainant.
In rejecting the applicant’s version, the judge said it defied logic. He said the facts of the case establish the shocking mental state of a man who sees no wrong with touching his female colleague inappropriately.