‘Playful’ slap costs SA mineworker his job

A ‘playful’ slap on the backside of a woman has landed a South African mineworker in hot water.

The woman complained that he had disrespected her, which ultimately resulted in him losing his contract job at the mine where he was working.

Subsequent to this, John Sephton instituted claims for defamation against the mining group Anglo American, as it barred him from its premises, as well as from the complainant.

He also claimed damages from the subcontracting company he worked for, as the latter succumbed to the demands of the mining group.

Sephton did not succeed with his claims in the Gauteng High Court in Johannesburg, but subsequently appealed the verdict before three judges.

They, however, turned down his appeal.

Sephton was subcontracted by a company to provide services as a hydrologist at the Anglo mining group. On the day of the incident, he and a colleague stood talking at the entrance to their shared workspace.

Sephton had his lunch bag in hand. The lunch bag included a strap for ease of carry.

He was in a jocular mood, he claims, and as he walked past the woman who later complained about him, he swung the lunch bag towards her. It made contact with her buttocks.

Judge Denise Fisher, who wrote the appeal judgment, said while she accepted that the conduct was not intended to offend and that it was a playful gesture, it was offensive and distressing from the perspective of the female worker.

The worker testified that she experienced the act of being struck in this way as disrespectful to her.

The woman laid a complaint under Anglo’s harassment policy.

Sephton was subsequently barred from entering the mining site for two months, with full pay. – IOL