This news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.Pretoria News reports that a playful slap of the strap of a man’s lunch container on the backside of a female worker landed him in hot water when she complained that he had disrespected her.
This ultimately resulted in him losing his contract job at the mine where he was working. John Sephton was subcontracted by a company to provide services as a hydrologist at the Anglo American mining group. On the day of the incident, he and a colleague stood talking at the entrance to their shared workspace. Sephton had his lunch bag in hand. He was in a jocular mood, and as he walked past the woman who later complained about him, he swung the lunch bag towards her. It made contact with her buttocks. The worker laid a complaint under Anglo’s harassment policy. It was found that there was no sexual harassment, and Sephton apologised for his conduct, which was accepted. He was allowed back on site. When the woman heard he was back on site, she experienced a “panic attack”. After Sephton was barred from the site on the instructions of Anglo, he instituted claims for defamation against the mining group and for damages from the subcontracting company. The South Gauteng High Court turned down his claims, as did three judges in a subsequent appeal. Judge Denise Fisher, who wrote the appeal judgment, said while she accepted that the conduct was not intended to offend and that it was a playful gesture, it was offensive and distressing from the perspective of the female worker. She commented: “This case presents a cautionary tale as to the fragility of workplace relationships. People come together in diversity. Their differing backgrounds often lead them to differ in their appreciation of jokes and banter. One person’s playful act may be interpreted by another as deeply insensitive or disrespectful.” She added that this diversity called for the utmost restraint and the observing of all protocols and courtesies at all times when working with others.
- Read the full original of the report in the above regard by Zelda Venter at Pretoria News
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