South african skype sex
On review at the Labour Court in Simmers v Campbell Scientific Africa (Pty) Ltd (C 751/2013) ZALCCT , the employee (who had been dismissed for the alleged sexual harassment) argued that he had been prejudiced by the fact that, when the complainant testified at the arbitration, she did so over a long-distance link by telephone, and not in person or even by skype video as was initially indicated.
He also argued that he was prejudiced by the fact that the complainant did not testify at the disciplinary hearing.
In an arbitration where one of the charges was sexual harassment, the complainant (who was not an employee) was in Australia.
The arbitrator allowed her evidence to be led via skype.
This newsletter contains an article on the Protection of Personal Information Act ("POPI") that became operational on 26 November 2013.
The Labour Court said that it must be borne in mind that arbitration proceedings are designed to be informal and conducted with the minimum of legal formalities.
As the complainant was in Australia it would have been unacceptably costly and time-consuming for her to be flown back to South Africa to give evidence.
The third case looks at an employer's liability for severance pay if it rehires a retired employee on a new contract.
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