Equality Court dismisses woman’s bid over department’s handling of sexual harassment complaint
The complaint was directed against her manager at the time, whom she accused of making sexual remarks and advances.
The Equality Court has dismissed a woman's lawsuit against the Gauteng Department of Education regarding its handling of a sexual harassment complaint against her former manager. Evelyn Kedibone Mokobane filed the complaint in October 2022, alleging that her manager made unwanted sexual remarks and advances towards her. Mokobane argued that the department mishandled the situation, not placing the manager on precautionary suspension and allowing him to continue working.
She also claimed that a witness reported a conversation between the manager and another individual, but the report was not addressed. Mokobane sought to restart the disciplinary process through an independent panel and demanded consequences for senior officials who she accused of acting unethically. However, the Equality Court ruled that the dispute should be handled through the labour-law system.
Judge Mali noted that while the case involved gender discrimination, it was ultimately a "labour issue, not discrimination". The court recommended alternative forums such as the Commission for Conciliation, Mediation and Arbitration (CCMA) or Labour Court for further resolution.
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