Author: Nicky Hardwick
Nedbank dismissed a manager, Mr. Olwage, after a colleague alleged sexual harassment and harassment. The charges stemmed from persistent, unwanted comments about her appearance and an incident where he told her to sit on his lap, despite her making it clear the behaviour was unwelcome. She also alleged he deliberately slammed a recycling bin to frighten her.
At arbitration, the CCMA Commissioner rejected the claims, finding the complainant unreliable and suggesting her accusations were exaggerated or motivated by personal dislike. He ordered Nedbank to pay Mr. Olwage backpay of over R400,000.
Nedbank took the award on review to the Labour Court. The Court found the arbitrator had erred seriously in law and process:
- He failed to apply the Code of Good Practice on the Elimination and Prevention of Harassment in the Workplace (2022).
- He downplayed the comments as “compliments” instead of testing them against the Code’s victim-centred standard.
- He ignored non-verbal signs (such as walking away) that indicated the conduct was unwanted.
- He relied too heavily on credibility attacks rather than applying the objective test.
- He criticised the delayed reporting, overlooking the fact that victims often need time to process harassment.
The Labour Court overturned the award, confirming the behaviour did amount to sexual harassment and harassment, and held that Nedbank’s dismissal of Olwage was substantively fair.
This judgment highlights the importance of applying the Code correctly:
- Unwanted conduct can be shown in many ways: Silence, withdrawal, or walking away all count.
- Victim-centred approach: Harassment must be judged from the complainant’s perspective, not the perpetrator’s intent.
- “Compliments” can cross the line, if they are persistent, sexual in nature, and unwanted.
- Power dynamics matter: Harassment often occurs in contexts of authority or influence.
- Delayed reporting is common, and it does not invalidate a complaint.
How we can help
At HRTorQue we regularly support employers in creating harassment-free workplaces. We assist with:
- Training managers and employees on what constitutes harassment, how to prevent it, and how to respond appropriately.
- Policy updates to ensure compliance with the latest Code of Good Practice and alignment with the Employment Equity Act.
- Advisory support in handling harassment complaints fairly, consistently, and lawfully, minimising legal and reputational risk.
Cases like Nedbank v Olwage show that harassment issues are complex and can expose organisations if mishandled. With the right tools, policies, and training, employers can protect their staff and their businesses. Contact us today for all your HR and IR needs.