FOSAWU obo AB and Others v Fedics (Pty) Ltd and Another (JS261/2010) [2014] ZALCJHB 529; (2015) 36 ILJ 1078 (LC) (4 November 2014)

FOSAWU obo AB and Others v Fedics (Pty) Ltd and Another (JS261/2010) [2014] ZALCJHB 529; (2015) 36 ILJ 1078 (LC) (4 November 2014)

The court found that the individual applicants were subjected to verbal sexual harassment and unfair discrimination by the second respondent, including demeaning remarks about their private parts, sexual practices, and education. The employer, after being made aware of the complaints, failed to conduct a full investigation and issued an inadequate warning that did not address the nature of the misconduct. The employer's actions, including transferring the complainants rather than the perpetrator, did not constitute necessary steps to eliminate the conduct as required by section 60 of the Employment Equity Act. The respondent was therefore deemed to have contravened section 6(1) of the Act...

Citation
[2014] ZALCJHB 529
Parties
Applicant: FOSAWU obo AB & 4 Others; Respondent: Fedics (Pty) Ltd; Respondent: NP
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 November 2014
Case Number
JS261/2010
Procedural Posture
Unfair Discrimination Application / Trial and Final Judgment
Outcome
The court found in favour of the applicants, holding the employer liable for unfair discrimination and ordering compensation.
Judges
Lagrange
Legal Topics
Employment Equity Act, Sexual Harassment, Unfair Discrimination, Employer Liability, Disciplinary Procedure, Compensation for Discrimination
Labour Law Employment Equity Act Sexual Harassment Unfair Discrimination Employer Liability Disciplinary Procedure Compensation for Discrimination

Case Brief

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Parties

FOSAWU obo AB & 4 Others

Applicant

Fedics (Pty) Ltd

Respondent

NP

Respondent

Procedural Posture

Unfair Discrimination Application / Trial and Final Judgment

Legal Issues

  1. 1 Whether the applicants were subjected to verbal sexual harassment and unfair discrimination by the second respondent.
  2. 2 Whether the employer took necessary steps to eliminate the misconduct and comply with the Employment Equity Act.
  3. 3 Whether the employer is liable for compensation under section 60 of the Employment Equity Act.

Ratio Decidendi

The court found that the individual applicants were subjected to verbal sexual harassment and unfair discrimination by the second respondent, including demeaning remarks about their private parts, sexual practices, and education. The employer, after being made aware of the complaints, failed to conduct a full investigation and issued an inadequate warning that did not address the nature of the misconduct. The employer's actions, including transferring the complainants rather than the perpetrator, did not constitute necessary steps to eliminate the conduct as required by section 60 of the Employment Equity Act. The respondent was therefore deemed to have contravened section 6(1) of the Act...

Court Disposition

The court found in favour of the applicants, holding the employer liable for unfair discrimination and ordering compensation.

Orders

  • The respondent is ordered to pay each of the individual applicants compensation equivalent to six weeks’ remuneration at their respective January 2010 rates, within 15 days of the judgment date.
  • If the parties cannot agree on the rates of remuneration, either party may refer the matter to the court for determination.