Matambuye v MEC for education and Others (JS840/2012) [2015] ZALCJHB 455 (2 November 2015)

Matambuye v MEC for education and Others (JS840/2012) [2015] ZALCJHB 455 (2 November 2015)

The court found that the applicant was subjected to sexual harassment by a co-employee and that she reported the incidents to the principal and district office. The respondents, however, acted promptly by investigating the complaint, interviewing relevant parties, and recommending disciplinary action. The delay in disciplinary proceedings was attributed to the applicant's lack of cooperation, not to any failure by the respondents. The court held that the respondents took all necessary and reasonable steps required by section 60 of the Employment Equity Act and were not liable for damages. The applicant failed to establish that the employer breached its statutory obligations or that any...

Citation
[2015] ZALCJHB 455
Parties
Plaintiff: Kgarebe Stella Matambuye; Defendant: MEC for Education; Defendant: Dept of Education Gauteng; Defendant: Vusumuzi Ntshingila
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 November 2015
Case Number
JS 840/2012
Procedural Posture
Civil Trial / Judgment After Trial on Liability
Outcome
The applicant's claim is dismissed.
Judges
Van Niekerk
Legal Topics
Employment Equity Act, Sexual Harassment, Vicarious Liability, Employer Liability, Unfair Discrimination
Labour Law Civil Procedure Employment Equity Act Sexual Harassment Vicarious Liability Employer Liability Unfair Discrimination

Case Brief

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Parties

Kgarebe Stella Matambuye

Plaintiff

MEC for Education

Defendant

Dept of Education Gauteng

Defendant

Vusumuzi Ntshingila

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Liability

Legal Issues

  1. 1 Whether the employer is liable under section 60 of the Employment Equity Act for acts of sexual harassment committed by a co-employee.
  2. 2 Whether the employer took all necessary and reasonable steps to eliminate the alleged conduct after the complaint was lodged.
  3. 3 Whether the applicant is entitled to damages for unfair discrimination arising from sexual harassment.

Ratio Decidendi

The court found that the applicant was subjected to sexual harassment by a co-employee and that she reported the incidents to the principal and district office. The respondents, however, acted promptly by investigating the complaint, interviewing relevant parties, and recommending disciplinary action. The delay in disciplinary proceedings was attributed to the applicant's lack of cooperation, not to any failure by the respondents. The court held that the respondents took all necessary and reasonable steps required by section 60 of the Employment Equity Act and were not liable for damages. The applicant failed to establish that the employer breached its statutory obligations or that any...

Court Disposition

The applicant's claim is dismissed.

Orders

  • The applicant’s claim is dismissed.