P.E v Ikwezi Municipality and Another (828/2011)
P.E v Ikwezi Municipality and Another (828/2011) [2016] ZAECGHC 20; [2016] 2 All SA 869 (ECG); [2016] 7 BLLR 723 (ECG); (2016) 37 (ILJ) 1799 (ECG); 2016 (5) SA 114 (ECG) (31 March 2016)
The court found that the second defendant, as Corporate Services Manager and immediate superior to the plaintiff, abused his position of authority to commit a sexual assault in the workplace. The employer placed him in a position of trust and control over the plaintiff's working conditions, which facilitated the opportunity for the assault. The court held that the common law must be developed, in line with constitutional values of dignity and equality, to impose vicarious liability on employers for sexual harassment perpetrated by superior employees. The employer also breached its direct duty…
Source excerpt
- Sexual Harassment
- Vicarious Liability
- Employer Duty Of Care
- Post Traumatic Stress Disorder
- Workplace Discrimination
- Disciplinary Procedure