Pillay v South African Post Office Ltd and Others (D 407/10) [2012] ZALCD 21 (1 March 2012)

Pillay v South African Post Office Ltd and Others (D 407/10) [2012] ZALCD 21 (1 March 2012)

The court found that the review test, as set out in Sidumo, was correctly applied in the main judgment. The applicant’s argument that he lacked intention to commit sexual harassment was rejected, as the evidence demonstrated that his conduct was sexually overt and that he was aware of the nature of his actions. The court held that the consumption of alcohol and the social context did not excuse or justify the applicant’s behaviour. The evidence supported the conclusion that the applicant intended to sexually harass the complainants. The court found no merit in the grounds for leave to appeal and determined that there was no reasonable prospect that the Labour Appeal Court would reach a...

Citation
[2012] ZALCD 21
Parties
Applicant: Freddy Pillay; Respondent: South African Post Office Limited; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Almeiro Deyzel N.O
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
1 March 2012
Case Number
D 407/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment on Review
Outcome
Application for leave to appeal dismissed with costs.
Judges
Reddy
Legal Topics
Sexual Harassment, Review Vs Appeal Test, Sanction, Intention in Misconduct
Labour Law Sexual Harassment Review Vs Appeal Test Sanction Intention in Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Freddy Pillay

Applicant

South African Post Office Limited

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Almeiro Deyzel N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment on Review

Legal Issues

  1. 1 Whether the review test or appeal test was correctly applied in the main judgment.
  2. 2 Whether the applicant had the requisite intention to commit sexual harassment.
  3. 3 Whether the evidence regarding alcohol consumption and social context was properly considered.

Ratio Decidendi

The court found that the review test, as set out in Sidumo, was correctly applied in the main judgment. The applicant’s argument that he lacked intention to commit sexual harassment was rejected, as the evidence demonstrated that his conduct was sexually overt and that he was aware of the nature of his actions. The court held that the consumption of alcohol and the social context did not excuse or justify the applicant’s behaviour. The evidence supported the conclusion that the applicant intended to sexually harass the complainants. The court found no merit in the grounds for leave to appeal and determined that there was no reasonable prospect that the Labour Appeal Court would reach a...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal against the judgment handed down on 30 August 2011 is dismissed with costs.