n HR Future - Sexual harassment and employer responsibility - labour law

Volume 2019 Number 12
  • ISSN : 1608-8506


The High Court, in Erasmus v Ikwezi Municipality and Another (2016) 27 SALLR 1 (HC), considered the following important issues: (a) What is the two-pronged test to determine whether or not an employer is vicariously liable for the misconduct of an employee, formulated by the then appellate division in Minister of Police v Rabie 1986 (1) SA 117 (A)? (b) What is the approach of the High Court in casu, with reference to the Constitutional Court judgment, in K v Minister of Safety and Security 2005 (6) SA 419 (CC), as to the approach to be adopted to develop the objective element of the vicarious liability test in line with constitutional imperatives contained in s39(2) of the Constitution?

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error