Thursday, May 11, 2017

A costly mistake for failing to protect an employee against sexual harassment - LEXOLOGY

Originally published: May 10, 2017

The Labour Appeal Court (“LAC”) judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers are equipped to deal with reports of sexual harassment. A failure to do so can be a costly mistake, as the employer in this decision learnt.

In this case, Ms MM instituted a claim against the employer in the Labour Court, in terms of section 60 of the Employment Equity Act, 1998 (“EEA”), on the basis that the employer had failed to comply with its duty to take reasonable steps to protect her upon becoming aware that she was being sexually harassed.