eThekwini metro tribunal finds senior manager guilty of sexual misconduct, recommends dismissal

Detailed summary

A senior manager at the eThekwini municipality faces dismissal after an internal disciplinary tribunal found him guilty of sustained sexual misconduct and…

An eThekwini metro senior manager who is alleged to have made sexual advances and flashed a pair of condoms at his junior staffer has been found guilty by the municipal disciplinary tribunal.

“The documentary evidence provides direct support for the existence of personal and romantic conversation between the defendant and and the complainant. The telephone records confirm contact while the messages concerning uMhlanga Sands confirms the establishment was discussed. The allegations of the defendant displaying a pair of condoms at the complainant is also corroborated by the statements from witnesses.

The M&G broke the story after a whistleblower revealed the allegations that the senior manager known to this publication had on several occasions solicited sexual favours from the complainant. When the complainant refused to accede to the demands, the senior manager is alleged to have victimised her up to the point that the complainant slept into depression. The episode also led to the complainant spending months under mental observation.

The M&G also has in its possession a series of messages of a sexual nature where the senior manager responsible for the accounts payable department at the metro had requested to embark on a sexual escapade with the complainant at a posh Durban holiday establishment, uMhlanga Sands. The complainant refused the advances.

The disciplinary tribunal report dated 30 October also stated that in reaching its conclusion, it had considered the perpetrator’s seniority and the reporting relationship between the pair.

“The fact that they previously enjoyed a cordial relationship does not establish that subsequent romantic or special attention was welcomed. Furthermore, the absence of intention to harass does not exclude a finding of sexual harassment where the conduct was unwelcome,” the report said.

According to the metro’s disciplinary sanction guideline matrix, any employee found guilty of sexual harassment faces outright dismissal in line with the…

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