Liberty Group Limited v M (JA105/2015) [2017] ZALAC 19; (2017) 38 ILJ 1318 (LAC); [2017] 10 BLLR 991 (LAC) (7 March 2017)

Liberty Group Limited v M (JA105/2015) [2017] ZALAC 19; (2017) 38 ILJ 1318 (LAC); [2017] 10 BLLR 991 (LAC) (7 March 2017)

The Labour Appeal Court held that the respondent proved on a balance of probabilities that she was sexually harassed by her manager, Mr Mosesi, and that the employer was made aware of the conduct before her resignation. The employer failed to consult all relevant parties and did not take the necessary steps to eliminate the conduct as required by section 60(2) of the Employment Equity Act. Furthermore, the employer did not do all that was reasonably practicable to ensure that no act in contravention of the EEA occurred. The appellant's response was superficial and failed to adhere to its own sexual harassment policy. The court found no evidence to support the appellant's contention that...

Citation
[2017] ZALAC 19
Parties
Appellant: Liberty Group Limited; Respondent: M. M.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
7 March 2017
Case Number
JA105/2015
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs. Employer held liable for damages under section 60 of the Employment Equity Act.
Judges
Waglay, Savage, Phatshoane
Legal Topics
Employment Equity Act, Sexual Harassment, Unfair Discrimination, Employer Liability, Damages, Workplace Policy
Labour Law Civil Procedure Employment Equity Act Sexual Harassment Unfair Discrimination Employer Liability Damages Workplace Policy

Case Brief

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Parties

Liberty Group Limited

Appellant

M. M.

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the employer is liable under section 60 of the Employment Equity Act for failing to take reasonable steps to protect the employee from sexual harassment.
  2. 2 Whether the respondent proved on a balance of probabilities that sexual harassment occurred.
  3. 3 Whether the employer was notified of the conduct in the manner required by section 60(1) of the EEA.

Ratio Decidendi

The Labour Appeal Court held that the respondent proved on a balance of probabilities that she was sexually harassed by her manager, Mr Mosesi, and that the employer was made aware of the conduct before her resignation. The employer failed to consult all relevant parties and did not take the necessary steps to eliminate the conduct as required by section 60(2) of the Employment Equity Act. Furthermore, the employer did not do all that was reasonably practicable to ensure that no act in contravention of the EEA occurred. The appellant's response was superficial and failed to adhere to its own sexual harassment policy. The court found no evidence to support the appellant's contention that...

Court Disposition

Appeal dismissed with costs. Employer held liable for damages under section 60 of the Employment Equity Act.

Orders

  • The appeal is dismissed with costs.
  • The appellant must pay the respondent the sum of R250,000 as damages within 10 days of the date of judgment.