The Respondent must pay the applicant back

GATW 4944-14 – RE-INSTATEMENT OF CLIENT PLUS ADDITIONAL R209 636 PAYABLE TO OUR CLIENT (7 JANUARY 2015)

Facts

False claim of sexual harassment against our client.

Our Involvement

It was a complex matter and great reliance was placed on the cross-examination of numerous witnesses. It involved a false claim of sexual harassment against our client, a man, by a female colleague. The intricacies of the evidence and inconsistencies highlighted by the Firm’s Director, Maria Du Toit, during the cross-examination of the employer’s witnesses exposed the claim to be a lie. A matter such as this shows how labour matters may have serious repercussions for a person’s personal life, invading their home life and personal relations. It therefore becomes very important to clear the client’s reputation in order to clear up the chaos in the personal sphere of a client’s life. It is also a critique of current day South Africa as often this Firm has witnessed groups of fellow workers working together to get rid of one individual, wasting the money and time of the state in order to achieve their personal, unlawful goals.

Success

EXTRACT FROM THE COMMISSIONER’S AWARD: ‘I herewith order that:

A. The respondent (a state owned transport entity), must re-instate the applicant.

B. Re-instatement must be effected as from the date of his dismissal, 7 April 2014, on the same terms and conditions of employment that applied to the applicant, prior to his dismissal.

C. The respondent must pay to the applicant back pay representing nine months’ salary, calculated as follows: R21 667-88 + 7.5% annual increase = R23 292.97 x 9 months = R209 636.73

D. The above amount of R209,636-73 is payable by the respondent to the applicant not later than 7 January 2015.

E. The applicant must report for duty at the respondent on 7 January 2015 or the next day after receiving this award, whichever the earlier.

F. Law and fairness dictates that a cost order is awarded in favour of the applicant. The respondent must pay the applicant’s legal costs in terms of the Rules of this Commission of the tariff applicable in the Magistrate’s Court.

The said costs are payable by the respondent to the applicant within 7 (seven) days from date of taxation of the bill of cost.

After a failed review by the employer, the client was re-instated in mid 2017.

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