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IN THE LABOUR COURT OF SOUTH AFRICA, …

IN THE LABOUR COURT OF SOUTH africa , johannesburg Of Interest to other Judges case no: JR 641/2016 In the matter between: RUSTENBURG PLATINUM MINES LIMITED Applicant and UASA OBO STEVE PIETERSEN First Respondent COMMISSIONER JOSIAS SELLO MAAKE Second Respondent COMMISSION FOR CONCILIATION MEDIATION AND ARBITRATION Third Respondent Heard: 21 February 2018 Delivered: 27 February 2018 _____ JUDGMENT _____ TLHOTLHALEMAJE, J: Introduction: [1] The ex-employee, Steve Pietersen, was dismissed by Rustenburg Platinum Mines Limited (The applicant) for misconduct related to sexual harassment. In finding that the dismissal was unfair, the second respondent (Commissioner) concluded that; 2 .., I am persuaded that the Applicant had made sexual advances towards the victim, but that however, he was encouraged to continue doing so, by the docile conduct of the victim and consequently that, such conduct did not amount to unwanted sexual harassment.

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG . Of Interest to other Judges . Case no: JR 641/2016 . In the matter between: RUSTENBURG PLATINUM MINES LIMITED

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