Summary
Jade, a journalist at News4You, faced severe workplace bullying and harassment, including sexual harassment, leading to her resignation. She may have a constructive dismissal claim. Under South African law, she should give four weeks notice. The employers failure to address harassment strengthens her case. Cecile, a police officer, cannot be denied promotion based on race or gender representation.Full Conversation
Assume that Jade gives notice on * May *. She is unsure of the period of notice that she is required to give. Briefly advise her on the applicable notice period.
Based on the Basic Conditions of Employment Act in South Africa, Jade should give notice as follows:
- One week, if employed for six months or less.
- Four weeks, if employed for more than six months.
In Jade's case, her employment started on * October *, so she should provide four weeks notice.
Suppose that one of the forms of harassment that Jade experiences is sexual harassment from one of her male coworkers. He constantly makes crude jokes and comments of a sexual nature towards Jade, sends sexually explicit content to Jade to her work email, and makes unwanted sexual advances towards her including touching her inappropriately when she walks past him in the workplace. Assume Jade lodges a complaint of sexual harassment with her supervisor and the editor-in-chief of News4You in the same way as with the other forms of harassment and bullying mentioned above, and the supervisor and editor-in-chief similarly ignore Jade’s concerns and the sexual harassment continues. Taking into account your answer in *.*, briefly explain in this case the effect of sexual harassment on the fairness of the identified dismissal, if any.
The sexual harassment Jade experienced can further strengthen her claim for constructive dismissal.
- Her employer's failure to address this serious issue constitutes a breach of their duty to provide a safe work environment.
- The continued harassment, despite reporting it, could be seen as a significant factor in her decision to resign, making the dismissal potentially unfair.
It's critical to consult a lawyer for advice tailored to her situation.
Cecile, a white woman, is a Major in the South African Police Service and has recently applied to be promoted to the rank of Lieutenant-Colonel. In terms of the “Barnard principle”, the Police may not refuse to promote Cecile, a designated employee, even if that group of designated employees already has sufficient representation or is already over-represented at the relevant post level.
Based on the "Barnard Principle", Cecile's application for promotion cannot be refused based on the representation of her race or gender at her level of post. Could you please share more details about her situation so I can provide more accurate information?
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