Question
Mokhatana is a former employee of Magic Bullet Company where she was employed as a Secretary for the Finance Manager. Since February 2022 until her
Mokhatana is a former employee of Magic Bullet Company where she was employed as a Secretary for the Finance Manager. Since February 2022 until her resignation in September 2022, she had been feeling depressed and did not want to go to work due to the conduct of her fellow colleague Christoffel. Christoffel is the Finance Manager and remains employed by Magic Bullet Company. Before she resigned, Christoffel used to make sexually suggestive comments towards Mokhatana including commenting on how Mokhatana was dressed. At times, Christoffel would touch Mokhatana's waist and whisper in her ears or slap her from her behind. Mokhatana asked Christoffel many times to stop touching her inappropriately as she was not interested in him. However, Christoffel insulted her and said that she should instead be grateful that he was giving her the attention since no other man would even date her. Mokhatana eventually reported Christoffel's conduct to the Human Resources Manager. The Human Resources Manager promised Mokhatana that the issue would be dealt with urgently. However, nothing came to fruition and Christoffel continued with his conduct. Mokhatana later found out that she would be travelling to Durban with Christoffel and raised another complaint with the Human Resources Manager. However, the Human Resources Manager informed her that there was nothing she could do as Mokhatana was Christoffel's secretary. The Human Resources Manager further made it clear that Mokhatana had no choice in the matter and must travel to Durban with Christoffel. Mokhatana resigned in protest stating that she does not want to be near Christoffel in such a private setting.
Mokhatana is deeply upset and now wants to sue her former employer Magic Bullet Company for unfair discrimination. However, she does not know on what grounds she will be suing the employer and whether she will be able to do so. Answer the following questions:
3.1. With reference to the relevant legal authorities, identify and discuss the ground upon which Mokhatana can sue Magic Bullet Company for unfair discrimination. (10)
3.2. With reference to the relevant legal authorities, discuss the liability of Magic Bullet Company for the unfair discrimination suffered by Mokhatana. (5)
3.3. Sibusiso, who is also a labour practitioner, writes an SMS to Mokhatana telling her that her resignation was in fact an unfair dismissal under the Labour Relations Act. He convinces her that she should sue the employer for unfair dismissal too.
With reference to the relevant legal authorities, discuss whether Mokhatana's resignation amounts to an unfair dismissal under the Labour Relations Act and comment on the prospects of her success. (10)
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