Shoprite Checkers (Pty) Ltd v JL and Others (C886/17; C627/2018) [2021] ZALCCT 95; (2022) 43 ILJ 903 (LC) (10 December 2021)

Shoprite Checkers (Pty) Ltd v JL and Others (C886/17; C627/2018) [2021] ZALCCT 95; (2022) 43 ILJ 903 (LC) (10 December 2021)

The court found that the arbitrator's conclusion that JL was sexually harassed by KB was supported by the evidence, including JL's credible account, corroboration by Pieterse, and the lack of plausible motive for fabrication. Shoprite's investigation was found to be inadequate, failing to treat both parties even-handedly and not considering informal resolution. The employer's liability under section 60 of the Employment Equity Act was upheld, as Shoprite did not take all necessary steps to address the complaint. The compensation awarded for sexual harassment was reduced from R50,000 to R25,000, reflecting the single incident and comparative precedent. The finding that JL's suspension was...

Citation
[2021] ZALCCT 95
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: JL; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Commissioner Marieke van Rooyen N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
10 December 2021
Case Number
C886/17; C627/2018
Procedural Posture
Civil Appeal / Appeal and Review of Arbitration Award
Outcome
Appeal against findings of sexual harassment and employer liability dismissed; appeal against quantum of compensation upheld in part; review of procedural fairness of suspension upheld; review of constructive dismissal upheld; cost order varied.
Judges
Lagrange
Legal Topics
Sexual Harassment, Employer Liability, Unfair Suspension, Constructive Dismissal, Compensation Quantum, Costs Award
Labour Law Civil Procedure Sexual Harassment Employer Liability Unfair Suspension Constructive Dismissal Compensation Quantum Costs Award

Case Brief

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

JL

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Commissioner Marieke van Rooyen N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal and Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator correctly found that JL was sexually harassed by KB.
  2. 2 Whether Shoprite is liable for sexual harassment under section 60 of the Employment Equity Act.
  3. 3 Whether the arbitrator's award of R50,000 compensation for sexual harassment was appropriate.

Ratio Decidendi

The court found that the arbitrator's conclusion that JL was sexually harassed by KB was supported by the evidence, including JL's credible account, corroboration by Pieterse, and the lack of plausible motive for fabrication. Shoprite's investigation was found to be inadequate, failing to treat both parties even-handedly and not considering informal resolution. The employer's liability under section 60 of the Employment Equity Act was upheld, as Shoprite did not take all necessary steps to address the complaint. The compensation awarded for sexual harassment was reduced from R50,000 to R25,000, reflecting the single incident and comparative precedent. The finding that JL's suspension was...

Court Disposition

Appeal against findings of sexual harassment and employer liability dismissed; appeal against quantum of compensation upheld in part; review of procedural fairness of suspension upheld; review of constructive dismissal upheld; cost order varied.

Orders

  • The appeal against the arbitrator's findings of sexual harassment and employer liability under section 60 of the Employment Equity Act is dismissed.
  • The compensation awarded for sexual harassment is reduced from R50,000 to R25,000.