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LLW2601 - INDIVIDUAL LABOUR LAW



MAY/ JUNE EXAM 2024



STUDENT NUMBER: 44203357



NAME: ZEST SIYAMTHANDA YONELA TONGA




894060

, Question 1

I would advise Ms Eastwood to take legal action against Horizon Enterprises.

Harassment is unfair discrimination, therfore the employer has an obligation to take
action against employees who are perpetrators of such actions.

Sexual harassment section 6(3) of the Employment Equity Act 55 of 1998 says that
Sexual Harassment is a form of discrimination.

Ms Eastwood was made uncomfortable at work by her supervisor Mr Oldman who
made remarks about Ms Eastwood's body "her sexiness" and other unwelcome
romantic advances. Ms Eastwood reported the inappropriate behaviour by her
Supervisor Mr Oldman to Horizon Enterprises Employee Relations Specialist Ms Dailey.
Ms Dailey made no attempt to resolve these complaints as it is the employers
responsibility to address sexual harassment complaints by consulting with all relevant
parties and must take the required steps to make sure that the alleged conduct does not
continue or happen again and comply with the provisions of Section 60 of the
Employers Equity Act.

Mr Oldman's conduct was brought to the attention of the employer as his conduct is
against the provisions of this Act. Even though Ms Eastwood reported the Sexual
Harassment allegations to her employer, her employer failed to address the misconduct
therefore Horison Enterprise is also in contravention of Section 60 of the Employment
Equity Act.

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