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GroundUp reports that Labour Court has upheld the dismissal of a man who “tickled” a colleague’s face with his newly grown, long beard, and then hugged and kissed her.
The matter before Judge Edwin Tlhotlhalemaje was a bid by fired SA Institute of Chartered Accountants (SAICA) project manager Thandanani Umlaw to overturn a previous ruling by the CCMA, which found his dismissal to have been fair. In summary, the judge noted that in 2017 Ms S got into the lift with Umlaw and complimented him on his newly grown beard. When she asked him why he kept his beard long, he told her that he used it to “tickle” and proceeded to demonstrate what he meant by holding her, rubbing his bearded face against her face, hugging her, kissing her on her neck and face and “then for good measure”, kissing her forehead. For demonstrating his tickling prowess, Umlaw was dismissed for sexual harassment. He then unsuccessfully referred an unfair dismissal dispute to the CCMA. Judge Tlhotlhalemaje asked rhetorically: “Since when is being complimented on one’s looks an open invitation to give bear hugs, or reciprocate the compliment with a kiss, or even ask the person giving the compliment personal questions? The obvious answer is that it has never been, nor can it ever be. Normal civilised citizens will ordinarily reply with a simple ‘thank you’ and carry on with their lives.” The judge went on to comment: “The most disconcerting part is that he failed at the time and even in these review proceedings to appreciate the enormity of the consequences of his reprehensible conduct.” The judge also ordered that Umlaw pay the SAICA’s costs for the case
- Read the full original of the report in the above regard by Tania Broughton at GroundUp
- Read too, Man who hugged, kissed colleague inside lift and said ’I’ve never done this to a white lady before’ fired, at The Star
Get other news reports at the SA Labour News home page