Smalberger v Barret (Handeldrywend as A B Electronics) (C654/00) [2002] ZALC 1 (17 January 2002)

Smalberger v Barret (Handeldrywend as A B Electronics) (C654/00) [2002] ZALC 1 (17 January 2002)

The court found, on the balance of probabilities, that the applicant was subjected to sexual harassment by the respondent, which made her continued employment intolerable. The evidence from the applicant and supporting witnesses was accepted as credible, while the respondent's denials were found unconvincing. The court held that the applicant's resignation amounted to a constructive dismissal caused by unfair discrimination on the basis of gender. The court determined that the harassment, while persistent and inappropriate, did not reach the most extreme forms, and therefore compensation equal to eight months' salary was fair. The respondent was ordered to pay the applicant's costs.

Citation
[2002] ZALC 1
Parties
Applicant: Erika Smalberger; Respondent: A N Barret (Handeldrywend as A B Electronics)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 January 2002
Case Number
C654/00
Procedural Posture
Civil Trial / Final Judgment
Outcome
The applicant succeeded. The respondent is ordered to pay compensation and costs.
Judges
E Revelas
Legal Topics
Sexual Harassment, Constructive Dismissal, Unfair Discrimination, Compensation, Employment Relationship
Labour Law Sexual Harassment Constructive Dismissal Unfair Discrimination Compensation Employment Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Erika Smalberger

Applicant

A N Barret (Handeldrywend as A B Electronics)

Respondent

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the applicant was subjected to sexual harassment by the respondent.
  2. 2 Whether the applicant's resignation constituted a constructive dismissal due to intolerable working conditions.
  3. 3 Whether the applicant is entitled to compensation for unfair discrimination.

Ratio Decidendi

The court found, on the balance of probabilities, that the applicant was subjected to sexual harassment by the respondent, which made her continued employment intolerable. The evidence from the applicant and supporting witnesses was accepted as credible, while the respondent's denials were found unconvincing. The court held that the applicant's resignation amounted to a constructive dismissal caused by unfair discrimination on the basis of gender. The court determined that the harassment, while persistent and inappropriate, did not reach the most extreme forms, and therefore compensation equal to eight months' salary was fair. The respondent was ordered to pay the applicant's costs.

Court Disposition

The applicant succeeded. The respondent is ordered to pay compensation and costs.

Orders

  • The respondent must pay the applicant compensation equal to eight months' salary, amounting to R40,000.
  • The respondent is ordered to pay the applicant's costs.