Cape Town nurse acquitted of sexual harassment over affectionate gestures
The Labour Court has upheld a decision clearing a Cape Town nurse of sexual harassment allegations, ruling that her affectionate gestures, including hugging and blowing kisses, were innocent expressions of support rather than misconduct.
The Labour Court has dismissed sexual harassment allegations against a Cape Town nursing clinic manager, finding the decision of the disciplinary chair to acquit reasonable. The case involved FA, the manager at Rocklands Clinic, who was accused by colleague TJ of making affectionate gestures between August 2022 and January 2023.
These included hugging, blowing kisses, and allegedly touching TJ's buttock. The court reviewed the evidence and concluded that the incidents did not meet the definition of sexual harassment. FA admitted to touching TJ's buttock but denied the act was sexual in nature. The court distinguished between deliberate sexual contact and fleeting physical contact without improper intent.
Additionally, the court considered that the workplace culture involved regular hugging among staff as a gesture of support. Similarly, the kissing gestures were found to be part of normal workplace behaviour, not sexual harassment. The Labour Court upheld the disciplinary chair's decision, dismissing the City's request for judicial review.
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