LEARNING THE HARD WAY
Two cases in Malawi highlight the importance of companies having mechanisms in place to deal with sexual harassment in the workplace
The idea that sexual harassment — and the lack of an effective system to deal with it — could cost management dearly is still relatively new in many countries. But over the past few weeks it must have been driven home in a big way for employers and employees in Malawi.
First came a high court decision on an employee’s claim for “aggravated damages” because of how management of construction firm Mota-Engil handled her complaint against another staff member. 123RF/vasilyrosca
The woman said her immediate superior, a man from outside Malawi, had repeatedly abused and harassed her after she refused his invitation to “be in a relationship” with him.
When Joaquim Carvalho began sexually harassing her, she reported him to the firm. Nothing happened: she was still expected to travel with him to various workplaces and he continued to harass her.
Eventually, she went to court. By that time, Carvalho had quit his job and left Malawi. When the case was heard, the company denied all her claims. It said it had not been informed of Carvalho’s harassment — a particularly stupid stance, as there was a paper trail and other evidence.
The company further claimed that if anything had happened between them, it was “consensual”.
The section of the judgment laying out this aspect of the case is infuriating; if you really want to anger the women of a company, and women generally, such a claim is a good way to do it. It’s just a wagging male finger away from claiming a woman “asked for it”.
In a final insult, the company argued the woman had suffered no “damage”. Since she was not physically hurt, it said, she should not be awarded any damages.
The company tried another discredited argument. Carvalho’s behaviour was “disgraceful and improper”, but he acted without the company’s knowledge, so it was not responsible and should not have to pay damages.
In the end, it boiled down to this: the company did not have an effective system in place to deal with such complaints and must therefore pay the woman “aggravated damages”.
The case is seen as precedentsetting — a warning that employers must sort out proper sexual harassment procedures or risk similar awards against them.
It seems a timely warning, as another case of workplace sexual harassment in Malawi has come to light, this time involving former Malawi Broadcasting Corp (MBC) CEO Aubrey Sumbuleta.
In July 2020, the Malawi
Human Rights Commission picked up complaints by women at the national broadcaster. It held “quasijudicial hearings”, but only four of a larger group of affected women were willing to testify.
The commission’s report, released last week, outlines its findings. In one case, the woman’s complaints led to senior members of the ministry of information being officially informed. As in the MotaEngil case, though, nothing came of this, and when Sumbuleta was promoted, conditions became so hostile for the woman who had complained that she resigned.
A second woman harassed by the CEO also resigned when the situation “became unbearable”. A third was just 15 when, on his own admission, Sumbuleta became involved “in a love relationship” with her.
These and other accounts of his behaviour make for nauseating reading.
A win for accountability
The commission outlines the laws and constitutional provisions that Sumbuleta breached, adding that his freedom to continue showed a failure of the system.
The report recommends that the women concerned should be helped to sue Sumbuleta; that those who resigned due to his behaviour should be reinstated; and that he be charged for his relationship with the underage girl.
The broadcaster, liable for not having an effective system in place to deal with sexual harassment, must compensate the women and update its policies to international standards.
It’s an expensive lesson for Mota-Engil and MBC; other employers should learn from it. x
In a final insult, the company argued the woman had suffered no ‘damage’