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Revisiting the boundaries of sexual harassment cases

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On 12 September 2025, the Labour Court handed down judgment in Nedbank Limited vs Olwage and Others. The court set aside an arbitration award that had found the dismissal of a former employee substantively unfair. The judgment provides critical guidance on how decision-makers should assess harassment allegations. It also clarifies the role of arbitrators. Importantly, it reinforces the need for a victim-centred lens.

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