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“The commissioner at the CCMA found that Mr. Simmers’ conduct constituted sexual harassment as the verbal sexual advances made to Ms. Markides were unwelcome and related to the workplace. The CCMA also found that Mr. Simmers had acted in an unprofessional manner in making remarks to Ms. Markides about Mr. Le Roux behind his back which could
Meanwhile, in Campbell Scientific Africa (Pty) Ltd v Simmers,18 Mr Simmers, a 48-year-old installation manager employed by the appellant was dismissed following a disciplinary hearing for unprofessional conduct and sexual harassment. According to the evidence led, Mr Simmers said to
9 maj 2014 · Summary: Sexual harassment – whether conduct constitutes sexual harassment and whether sanction of dismissal was fair. Review – whether conclusion reasonable. Arbitration process – whether leading of evidence and cross-examination via Skype prevented a fair trial. JUDGMENT.
In the recent case of Campbell Scientific Africa (Pty) Ltd v Simmers, the Labour Appeal Court considered the type of conduct that constitutes sexual harassment.
Simmers’ conduct constituted ‘sexual at-tention’ and was crude and inappropriate; but inappropriate conduct does not auto-matically constitute sexual harassment. Simmers’ conduct could only have become sexual harassment if he had persisted in it or if it was a single serious transgression.
STATUS: The SCA today dismissed an appeal by the executor of the estate of the late Brenda Fassie against a decision by the Johannesburg High Court in which an exception to a claim for damages for infringement of musical and literary works of which Ms Fassie was a joint author was upheld.
30 mar 2016 · It is the October 2015 decision of the Labour Appeal Court in this case, being Campbell Scientific Africa (Pty) Ltd v Adrian Simmers and Others (as yet unreported, 23 October 2015), that I want to focus upon in this article.
