Shoprite Checkers (Pty) Ltd. v. JL and Others

Nature of the Case

Following arbitration procedures, Shoprite Checkers (Pty) sought an appeal against the arbitrator’s findings holding Shoprite liable for the sexual harassment perpetrated by an employee per the Employment Equality Act 55 of 1998 (“EEA”). Shoprite further sought review of the arbitrator’s findings that JL, a former employee of Shoprite, was unfairly suspended and subject to a constructive dismissal following her decision to report her harassment to Shoprite. The Court, reviewing the standard set out by the EEA and prior precedent interpreting the statute, found the arbitrator’s conclusion that sexual harassment occurred, and that Shoprite violated the EEA in its investigation of the harassment, to be reasonable.

Enforcement of the Decision and Outcomes

Although JL was originally awarded R 50,000 from the arbitration with Shoprite, the Labour court set half of the award aside – finding the sum to be larger than the amount awarded in previous cases of sexual assault.

Significance of the Case

This decision highlights the appropriate response expected of a company to address a claim of sexual harassment under the EEA. The Court also admonished the practice of giving deference to the alleged abuser linked to that employee’s position of power – i.e. despite the fact that KB was a supervisor, it was inappropriate for him to be privy to meetings regarding the sexual harassment claim when JL was not.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.