Nedbank manager loses R400,000 payout as Labour Court confirms dismissal over 'sit on my lap' comment

A Nedbank manager who told a female colleague to "sit on my lap" and repeatedly called her "beautiful" and "stunning" has had his dismissal upheld by the Labour Court after an arbitrator initially ruled in his favour.

Marius Olwage lost his R400,424 payout after Acting Judge Navsa found he had sexually harassed a woman in Nedbank's Specialised Recoveries Department between September 2020 and April 2021.

The Johannesburg Labour Court this week set aside a controversial arbitration awarded by the Commission for Conciliation, Mediation, and Arbitration that had branded the victim "untruthful" and ordered the bank to reinstate Olwage with back pay.

Court records reveal Olwage, who worked as Manager of Field Agents in RRB Recoveries, made persistent comments about his colleague's appearance including "you are so beautiful," "you are so stunning," and "black looks good on you".

The harassment escalated in January 2021 during Covid temperature screening when he asked her: "... why do you not sit in my lap."

When the woman confronted him directly on January 14, 2021, telling witnesses his behaviour was "inappropriate, unwanted and made her feel uncomfortable," Olwage continued making remarks like: "I don't want to tell you, you look stunning, just now I am going to get in trouble with you."

The court heard Olwage also engaged in intimidation tactics, deliberately slamming a metal recycling bin twice in April 2021, knowing it would frighten the woman and affect her wellbeing.

Judge Navsa slammed the original arbitrator's decision, saying Commissioner Johnny Mathebula had committed "gross irregularities" by failing to apply sexual harassment guidelines and making unsupported credibility findings against the victim.

"The arbitrator's finding that no sexual harassment took place is irregular and equally not a reasonable outcome," Judge Navsa ruled.

The judgment reinforced that sexual harassment must be viewed from the victim's perspective, citing Labour Appeal Court precedent that it represents "the most heinous conduct that plagues the workplace."

Judge Navsa found the woman's evidence "credible" and "forthright," noting her walking away from Olwage's advances was clear non-verbal communication that his behaviour was unwanted.

The bank was found to have acted fairly in dismissing Olwage, with the court ruling it could not reasonably be expected to continue employing him after his conduct.

No order was made on costs.

IOL Business