The case concerned an employee who wrote a letter of complaint to his management, alleging that, while she was assisting a general manager with a task and they were alone in the office, she had been sexually harassed. The company investigated the allegation by interviewing the parties and witnesses and conducted polygraph tests, concluding there was insufficient evidence to support the complainant.

However, the Commission for Conciliation, Mediation and Arbitration (CCMA) found that the employee was sexually harassed and awarded compensation of 50,000 rand. The Company appealed the decision.

The Labour Court confirmed the decision and awarded a compensation of 25,000 rand, on the basis that the company failed in its duty during the investigation, according to Section 60(2) of the Employment Equity Act, that requires that the employer must consult all relevant parties and must take the necessary steps to eliminate the alleged conduct.

The decision provides practical insights as to what is expected of employers when they consult with parties in cases of alleged sexual harassment, including: the seriousness of the allegation, whether an informal process to resolve the complaint should be adopted, making attempts to provide the employee with counselling and discussing alternative means of resolving the complaint and provide to both parties both the opportunity to respond to allegations or versions which arise during the investigation.

As next step, the company must report to the Commission for Conciliation, Mediation and Arbitration (CCMA) by 15 March 2022, on what sexual harassment policy has been adopted and how it has been developed and discussed with all the employees.

In light of this decision, employers should implement training staff and create more awareness on the issue as well as clear procedures for reporting complaints, investigation, and management of complaints.