BL Premium reports that a former SA Broadcasting Corporation (SABC) employee who claimed her manager sexually harassed her has been partially vindicated a decade later after other forums dismissed her case.

After her supervisor sexually harassed her in 2007, the employee (LM) resigned. A decade later, the SABC instituted an internal inquiry, calling her as a witness. This resulted in her supervisor, who was still employed by the SABC, being dismissed. The inquiry also recommended LM be given some form of reparation. LM and the SABC entered into discussions but nothing materialised. LM then tried to institute a claim of “constructive dismissal” against the SABC, where an employee feels forced to resign due to a toxic work environment, at the CCMA. However, her claim was dismissed as being brought too late. In 2021, LM sued the SABC for damages in terms of vicarious liability – in other words, the SABC’s failure to protect her from the harmful actions of one of its employee. However, before the trial began, the SABC challenged the entire matter on procedural grounds. It said LM had instituted her claim years too late. This week Johannesburg High Court judge Stuart Wilson was constrained to agree with the SABC, though he was sympathetic to LM’s situation. While he found in the SABC’s favour on the legal question, he left LM with options. As a result, “LM will be permitted, if she can, to lead evidence showing that [she had mental or emotional incapacity that] suspended the running of prescription”. That would allow the matter to go to trial.

• Read the full original of the report in the above regard by Tauriq Moosa at BusinessLive (subscriber access only)

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