Labour Court overturns 'wholly irrational' sanction for sexual harassment

THE Labour Court has called the 10-day unpaid suspension and a final written warning for an employee of the Bergrivier Municipality following the sexual harassment of a female colleague, totally unacceptable.

- ZELDA VENTER

THE labour court has expressed its shock at the slap on the wrist an employee of the Bergrivier Municipality received for sexually harassing a fellow worker | FILE

The municipality turned to the Labour Court to review and overturn the slap on the wrist given to the employer - a Mr S. According to the municipality he deserved being fired - a sentiment shared by the Labour Court.

Following a disciplinary hearing convened in terms of the South African Local Government Bargaining Council's Disciplinary Procedure Collective Agreement (the DPCA), Mr S was found guilty of serious allegations of sexual harassment of a fellow employee.

However, the chairperson who oversaw the proceedings under the DPCA, decided a suitable sanction is a 10-day suspension. The decision was binding on the municipality, but open to be challenged in the Labour Court.