U[...] v Commission for Conciliation, Mediation and Arbitration and Others (JR1466/18) [2021] ZALCJHB 158; [2021] 7 BLLR 715 (LC); (2021) 42 ILJ 1778 (LC) (13 May 2021)

U[...] v Commission for Conciliation, Mediation and Arbitration and Others (JR1466/18) [2021] ZALCJHB 158; [2021] 7 BLLR 715 (LC); (2021) 42 ILJ 1778 (LC) (13 May 2021)

The court found that the applicant's conduct, as admitted in his own version and corroborated by Ms S's testimony, constituted unwelcome and uninvited sexual harassment in the workplace. The applicant's actions—tickling, hugging, and kissing Ms S without her consent, followed by inappropriate personal questions and comments—violated her dignity and bodily integrity. The court held that the Commissioner properly applied SAICA's sexual harassment policy and relevant statutory codes, and that the arbitration award was reasonable and unassailable. The applicant's arguments regarding procedural unfairness and lack of legal representation were rejected, as he was afforded sufficient notice and...

Citation
[2021] ZALCJHB 158
Parties
Applicant: T[...] U[...]; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Larry Shear N.O.; Respondent: South African Institute of Chartered Accountants
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 May 2021
Case Number
JR1466/18
Procedural Posture
Review Application / Judgment on Opposed Review Application After Arbitration Award
Outcome
Review application dismissed; condonation granted for late filing; costs awarded against applicant.
Judges
Tlhotlhalemaje
Legal Topics
Sexual Harassment, Unfair Dismissal, Disciplinary Procedure, Condonation, Costs Award
Labour Law Sexual Harassment Unfair Dismissal Disciplinary Procedure Condonation Costs Award

Case Brief

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Parties

T[...] U[...]

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Larry Shear N.O.

Respondent

South African Institute of Chartered Accountants

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review Application After Arbitration Award

Legal Issues

  1. 1 Whether the applicant's dismissal for sexual harassment was substantively and procedurally fair.
  2. 2 Whether the arbitration award confirming the dismissal was reviewable on grounds of unreasonableness or procedural unfairness.
  3. 3 Whether condonation for late filing of the Rule 7A(8)(a) and (b) notice should be granted.

Ratio Decidendi

The court found that the applicant's conduct, as admitted in his own version and corroborated by Ms S's testimony, constituted unwelcome and uninvited sexual harassment in the workplace. The applicant's actions—tickling, hugging, and kissing Ms S without her consent, followed by inappropriate personal questions and comments—violated her dignity and bodily integrity. The court held that the Commissioner properly applied SAICA's sexual harassment policy and relevant statutory codes, and that the arbitration award was reasonable and unassailable. The applicant's arguments regarding procedural unfairness and lack of legal representation were rejected, as he was afforded sufficient notice and...

Court Disposition

Review application dismissed; condonation granted for late filing; costs awarded against applicant.

Orders

  • The late filing of the Notice in terms of Rule 7A(8)(a) and (b) of the Rules of this Court is condoned.
  • The application to review and set aside the arbitration award issued by the Second Respondent acting under the auspices of the First Respondent is dismissed.