S.M v Specti Vision Trading CC (JS334/2021)
S.M v Specti Vision Trading CC (JS334/2021) [2024] ZALCJHB 506; [2025] 3 BLLR 291 (LC); (2025) 46 ILJ 1188 (LC) (17 December 2024)
The applicant failed to present a credible, probable, or reliable version of sexual harassment. The respondent took reasonable steps by suspending and disciplining the accused employees, and the applicant ultimately conceded that disciplinary action and apologies occurred. The evidence did not support a finding of unfair discrimination or liability under section 60 of the EEA. The main, dominant, and proximate reason for the applicant's dismissal was misconduct, not the exercise of rights or referral to the CCMA. The applicant did not discharge the evidential burden to establish an automatica…
Source excerpt
- Automatically Unfair Dismissal
- Sexual Harassment
- Unfair Discrimination
- Section 60 Employment Equity Act
- Disciplinary Procedure
- Ccma Referral