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Thread: Sexual harrasment dismissal

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    Sexual harrasment dismissal

    Good day all. I would just like to hear everbodys take on this matter.
    I was dismissed for the above mentioned, which was all false allegations, she had witnesses present in the company hearing, who couldnt confirm her allegations. The company still fired me.i went to ccma for conciliation, of which the commissioner was so rude and not approachable, she told me im wasting my time and pointless i take it further as i would just pay uneccessary fees. She asked what i wanted, and i said reinstatement, and she said im a dumb to ask for that, as the case is so serious i could even be locked up, and i said but im not guilty,i have watsapp conversation with her witenesses wh said they were forced to speak against me. The commissioner then still said if i was to go to arbitration and she will handle the matter i would come off second best, i didnt know what to do then, and she said i should settle to clear my name, its like my settlement was between myself and commssioner and not the company. The company never gave me a reference letter but rather a certificate of service. Is there anything i can do to take it further as i feel conciliation was unfair and was forced to settle by commissioner.

    Thank you

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    Everything seems against you. What are they accusing you of ? What evidence do they have ?
    They seem to have a watertight case (according to you) so there must be lots you need to still tell us.
    Did you make any remarks or did you touch someone or did you imply anything etc etc etc ?

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    Never touched her, we worked together in one office room, 4 guys and this women, and we use ti have general talk, office talk, talking nonsense, sex talk, she use to indulge in all talks, and i always made jokes in groups makung sure she doesnt think anything of it, as nothing was intended or directed at her. We were genuinely friends, i use to drop her at home if her hubby cant fetch her, chat with the hubby, wad invited over to their place on a few occassions. Ans in her statements she says her husband was aware of it, any man here, if yoy know your wife is being sexually harassed, would you leave it at that and invite the guy over. After i was dismissed, the truth came out, her car was scratched and she believed it was me, as we had a disagreement in the office, on 31st Jan, but resolved it the same day. 2 weeks later out the blue, im suspended. So in that 2 weeks her vehicle was keyed. She accused me, and work said there is no proof, she told the receptionist she knows its me but if she cant get me this way, she will use another way... The receptionist told me this. Both witnesses said they were threatened with dismissal and forced to testify against me. And she done this kinda thing before at her previous employmemt as well. She comes from a law background.

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    Site Caretaker Dave A's Avatar
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    It is a serious charge and as you may have started to realise by now, is not going to be undone easily.

    Sometimes you really need a lawyer to fight your case for you. I suggest this is one of those times.

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    I work in an office full of woman and you have to be VERY carefull of what you say, what you do, if you gesture and touch a woman once or twice or more etc etc. You cannot talk to a woman employee / colleague as you would talk to a buddy. You should not have sexual innuendos or perhaps let the conversation go in the wrong way. It might be (or might not be) innocent talk from you, but it is very serious if the shit hits the fan ....... it will come back to bite you and will now stay on your record. It will not be looked at lightly if you ever look for another job !! Good luck - I think you have your work cut out for you .... either way if you are innocent or guilty its a bad mark.

    Personally I would not do what you did in the sense of having sex talks with her, dropping her off at home etc etc

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    Platinum Member sterne.law@gmail.com's Avatar
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    The main issue is that you settled.
    You now need to approach the Labour Court and take the matter on review.
    Given, that it is a settlement it is a tough hurdle.

    The behavior of the commissioner does sound out of order. It is highly unusual to have a costs order in labour matters (particularly at CCMA level). It is also unclear what would lead to being locked up (ape obviously).
    It could open an argument taht the settlement agreement shoudl be struck out as it was signed under duress
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Silver Member PlatinumWealth.co.za's Avatar
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    Ditto I find the commissioner's behavior the most serious thing in this case.

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