Labour Court overturns ruling in Nedbank sexual harassment case, confirms dismissal

SEXUAL harassment in the workplace came under the spotlight in the Johannesburg Labour Court when a female bank officer accused a male colleague of inappropriate conduct towards her, which included asking her, “Why don't you sit on my lap?”

- ZELDA VENTER

Following the allegations and a subsequent disciplinary hearing, the man, who worked as a field agent for Nedbank, was fired. The man, only identified as Mr O, turned to arbitration proceedings, where the commissioner found his dismissal to be unfair. Nedbank was ordered to pay him more than R400 000 in back pay.

The bank, unhappy with this ruling, turned to the Labour Court to have it overturned.

Acting Judge ZM Navsa seriously questioned how the arbitrator chose to believe the version of O that he simply complimented the victim, over her version that she was sexually harassed.