South African employers are being reminded of their responsibilities under the Employment Equity Act (EEA) following a notable ruling by the Commission for Conciliation, Mediation and Arbitration (CCMA). The case, Independent Municipal and Allied Trade Union obo S and another v Nelson Mandela Metropolitan Municipality, offers a critical lesson in how employer conduct in response to harassment allegations can determine liability.
In May 2018, two library assistants at Nelson Mandela Metropolitan University reported a colleague for sexual harassment. They initially raised their concerns with their direct supervisor, Ms Dinie, who allegedly failed to respond with the urgency or sensitivity required. The first complainant said she felt dismissed and was not given any guidance, while the second felt her concerns were minimised.
It wasn’t until the matter was escalated to senior supervisor Mrs Titus on 18 May that meaningful action began. Mrs Titus requested formal written statements from the complainants, and the case was referred to the university’s Labour Relations department.
Within three weeks, the accused employee was suspended and relocated to another site. This move also considered disruptions from a concurrent staff strike.
A disciplinary hearing was held within two months, during which the accused was found not guilty. However, the employer continued to keep him separated from the complainants to protect their well-being. Unhappy with the outcome, the complainants took the matter to the CCMA, alleging unfair discrimination under Section 60 of the Employment Equity Act (EEA) and seeking compensation.
Section 60 of the EEA holds employers accountable for employee misconduct unless they can demonstrate that “reasonably practicable” steps were taken to address the issue. Employers must be alerted to the complaint, consult all relevant parties, and take effective action to stop the conduct. Failure to do so could result in liability, unless they can prove their response was adequate.
The complainants claimed that Ms Dinie’s initial lack of action breached these obligations. The employer, however, argued that once the matter was brought to the attention of its Labour Relations Practitioner, action was taken the same day. This included a consultative meeting, and suspension of the accused within four days, followed by a formal process as requested.
The CCMA arbitrator ruled in favour of the employer, stating that its response was both reasonable and prompt. Ms Dinie escalated the issue, Mrs Titus gathered the necessary documentation, and the employer proceeded with appropriate steps, consultation, suspension, relocation, and a timely disciplinary hearing. Additionally, continued separation of the accused and the complainants after the hearing served as an added protective measure.
The ruling highlights that while employers are not expected to take every conceivable action, they are required to act in a reasonable and timely manner, assessed on a case-by-case basis. In this instance, the employer’s internal escalation and protective measures were deemed sufficient.
This decision reinforces the principles outlined in the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, which calls on employers to implement clear policies, ensure appropriate training, and respond decisively to harassment claims.
For South African businesses, the message is clear: failure to respond promptly and effectively to workplace harassment can result in serious legal and reputational consequences.
In the context of broader trends, such as Transnet’s push for corporate transparency or the National AI Policy Framework’s focus on ethics, organisational compliance, and trust, it is no longer optional. They are strategic necessities in today’s competitive environment.
Employers are urged to strengthen their harassment prevention strategies. This includes developing robust reporting channels, equipping managers with appropriate training, and taking swift action when complaints are received.
The CCMA’s ruling is not just a judgment; it is a call to action for fair, respectful, and well-managed workplaces across South Africa.
