Cape Town nurse cleared of sexual harassment after accusations of over-hugging and blowing kisses
The Labour Court has upheld a decision clearing a nurse of sexual harassment allegations, ruling that her affectionate gestures, including hugging and blowing kisses, do not constitute sexual misconduct.
The Labour Court dismissed the City of Cape Town's request to overturn a disciplinary decision that cleared a nursing clinic manager of sexual harassment allegations. The nurse, FA, was accused of sexually harassing her female colleague, TJ, between August 2022 and January 2023. An external panel found FA not guilty of the allegations.
The City appealed to the Labour Court, which determined that the disciplinary decision was reasonable based on the evidence. The allegations included frequent hugs, gestures similar to blowing kisses, and touching TJ on the buttock in January 2023. FA admitted to touching TJ's buttock but denied it was intentional or sexual. The court found that the incident was more akin to a fleeting, non-sexual contact, common in the workplace.
They also dismissed allegations of hugging and blowing kisses, stating these were normal gestures of affection among colleagues.
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