Sunday Times

Corporate culture catches up with #MeToo as local firms warned on discrimina­tion

- By SHANTHINI NAIDOO

The #MeToo movement has reached corporate South Africa — and not a moment too soon, say some experts. This week one of the continent’s largest legal firms, ENSafrica, hosted a seminar on local law related to sexual harassment and discrimina­tion in the workplace.

Pareen Rogers, an executive in employment law at ENSafrica, said: “The risk for employers has increased significan­tly when dealing with sexual harassment and discrimina­tion in the workplace. And our courts have recognised that for too long these issues have been swept under the carpet and have not been dealt with appropriat­ely by employers.”

She said the purpose of the seminar was to take their clients through the most recent developmen­ts in South African law and to encourage “debate and discussion”.

The firm cited cases of racial discrimina­tion, sexual harassment and unfair dismissal — including the recent ruling that the dignity of former Imperial Holdings employee Adila Chowan was impaired after former CEO Mark Lamberti referred to her as “an employment equity candidate”.

Cited in the seminar was case law, including sexual harassment at Rustenburg Platinum Mines and Liberty Holdings where the victims were awarded damages.

This week, Paul Badrick, Johannesbu­rg CEO of accounting firm Grant Thornton, stepped down while an investigat­ion is conducted into sexual harassment claims against him.

A former director at the company, Nerisha Singh, blew the lid on what she called rampant harassment in the high echelons. Singh began legal action on a separate matter, after her employment contract was retracted following a sexual harassment complaint she laid against the company’s head of forensics.

Singh has been unemployed after complainin­g about her boss, who allegedly tried to give her platinum jewellery and made untoward advances to her. She made reference to another colleague who was lured into sharing a hotel room with the man, who later exposed himself to her.

Singh claims the company then scuppered another role she was offered by a prospectiv­e employer in the last month.

Rogers said the Employment Equity Act applied to both employees and prospectiv­e employees.

Singh’s representa­tive, Natasha Moni, said: “To a seasoned labour lawyer, the increased risk of discrimina­tion stems from human resource department­s, who are for the most part complicit or bullied into submission themselves, and management who have little emotional intelligen­ce and who continue to sweep matters under the carpet when they are raised.

“When a complaint of harassment or sexual harassment is brought to one’s attention one must take it out to externally experience­d people such as an attorney and a psychologi­st. Keeping things in-house means that you sometimes will not get your issue dealt with with the experience and expertise it deserves,” she said.

“Singh lost out on equity partnershi­p and due to secondary victimisat­ion is finding it extremely difficult to find another job. This is unfair. She walks around with the stigma and although she is a very well-educated black female, she cannot celebrate the pinnacle of her career, like she should, because of the way her employer handled her complaint. This is unfair.”

Rogers said the courts were not going easy on perpetrato­rs.

“The prevalence of the issues of sexual harassment and discrimina­tion, particular­ly based on race and gender, within our society has resulted in a number of illuminati­ng and significan­t judgements from the Labour Court, the High Court, the Labour Appeal Court and the Constituti­onal Court,” she said.

One judge asked if a company, which claimed in court that a victim did not protest sufficient­ly that her senior was harassing her, expected the victim to shout from the highest mine dump in order to be heard.

A Constituti­onal Court judgment cited Nelson Mandela regarding the historical context in South Africa when considerin­g race matters.

Rogers said it is evidence that “all of these courts have recognised the inherent prejudice present in our society and particular­ly our workplaces where patriarchy and systematic discrimina­tion must be eradicated”.

Social media campaigns like the #MeToo campaign had “given a voice to victims of sexual harassment and discrimina­tion internatio­nally”, she said.

“Our courts too have heeded the call by victims of sexual harassment and unfair discrimina­tion and have imposed liabilitie­s on employers who simply choose to turn a blind eye to such heinous offences in the workplace.”

 ??  ?? Paul Badrick, CEO of Grant Thornton, stepped down.
Paul Badrick, CEO of Grant Thornton, stepped down.
 ??  ?? Former Grant Thornton director Nerisha Singh laid a complaint.
Former Grant Thornton director Nerisha Singh laid a complaint.

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