This is an interesting case that happened in 2021. A married supervisor texted his staff on Valentine’s Day saying that, “wife not enough, must have girlfriends also, baru interesting 😀 … Touch and Go concept 🤪😂”. The company investigated the matter and found the supervisor committed gross misconduct of sexual harassment and terminated the supervisor’s employment.
The Supervisor sued the Company for unlawful dismissal and lost the case. And this is what I learnt on how the company won the case.
🏛️ The Supervisor argued in court, no Domestic Inquiry (DI) was conducted before dismissal, hence no fair trial to defend himself.
But failure to hold a DI is not fatal especially in view that the Supervisor admitted he did send those WhatsApp messages. The company conducted the investigation and is successful in gathering oral and documentary evidence to dismiss the Supervisor.
🔪 The Supervisor argued in court, this is just a malicious claim by a begrudged previous employee who was being terminated to take revenge on him.
But it doesn’t make him any less guilty. Yes, it’s the “malicious” report that triggered the investigation because sexual harassment allegations are serious in nature and Company did the right thing to conduct further investigation on the matter.
💬 The Supervisor argued in court, he didn’t find the chat inappropriate and the staff continued to chat with him about work, and this complaint, which came weeks later is just an afterthought.
But based on the Company’s Code of Practice on the Prevention and Handling Sexual Harassment in the Work place issued by the MOHR in 1999, the WhatsApp messages sent were clearly inappropriate and sexual in nature.
🥽 The Supervisor has been with the company for almost 17 years, a performer, and had a squeaky clean disciplinary record.
But sexual harassment is a serious misconduct. As a Supervisor there is more reason for you not to behave as such because you are expected to protect your staff as a super. Just because you are a long service performing employee does not make you an exception.
It’s indeed an interesting case 💼
#SexualHarassment #CaseLaw #AuntyHR #BebelBimbo
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