The Industrial Tribunal has determined that Kerzner International was within the law in firing a female assistant manager who was sexually harassing a worker.
The case was brought to light when one of her male staff workers complained that the married assistant manager had been making crude and offensive sexual comments to the employees she supervised. He claimed that she had specifically targeted him over a two year period because he repeatedly refused her advances.
After being fired for her behaviour, which was found by Kerzner to be “grossly inappropriate” the assistant manager brought action against Kerzner, claiming that she had been wrongfully dismissed as the company had not given her sufficient termination notice and certain contractual benefits. She had been an employee of Kerzner International for about 13 years
The woman claimed the male worker had lashed out at her because he had a problem with authority, stating, “At no time have I ever made lewd or sexual comments or approached him for sex or sexual favour or anything of a sexual nature.”
However, the male worker claimed that she had made sexual advances towards him even during her pregnancy.
A report written by Industrial Tribunal president Harrison Lockhart detailed the comments and encounters on which Kerzner International’s dismissal of the assistant manager was based.
Persons found guilty of sexual harassment are liable to a fine of $5,000, imprisonment of years or both.
