Sexually harassed in the job
Is this extortion? My sister-in-law worked as a waitress and was continuously sexually harassed by the assistant manager of the restaurant to the extent that she had to quit. This included on occasion grabbing her breast. When she reported the matter to the police she was asked to come for a meeting by the management. She was asked how much she would settle in compensation to drop the matter, and she asked for 90000. They just laughed and later went to lay a charge of extortion against her. Now we are scared they are going to arrest her after being forced to quit her job.
Category: Criminal Law, Victims of Crime
Region: South Africa, Nothern Province
1 Answer
There are two issues here; Labour and criminal. The labour matter constitutes what is called constructive dismissal (where the situation becomes so unbearable that she is forced to quit ). In that wise she should lay a complaint with the CCMA. It constitutes unfair dismissal if she is proven right, whereby she will be awarded compensation up to two years of her salary. The criminal counter charge is a popular tactic used by some to compel one to cancel out the original complaint. And they obviously tried to trap her. I suggest she goes to see the investigation officer of her case to make an affidavit on this entrapment. Ultimately both dockets will be given to a senior prosecutor who will see through this and make a decision on prosecution.