A manager of the Somerset West branch of a popular restaurant found himself in the dock on sexual assault charges brought against him by two subordinates.
According to provincial police spokesperson Lt-Col Malcolm Pojie, the Khayelitsha Family Violence, Child Protection and Sexual Offences Unit is investigating two counts of sexual assault against the accused after the alleged victims registered cases on Friday 15 November pertaining to incidents that allegedly took place on Tuesday 30 July and Sunday 29 October, respectively. “The accused was arrested and brought before the Somerset West Magistrates’ Court on the mentioned charges on Friday 29 November,” said Pojie.
Both the alleged victims detailed multiple incidents of inappropriate behaviour and harassment by the male superior at the workplace, and despite apparently reporting the alleged misconduct to senior management, the issues persisted in a situation where they had no choice but to work, leading to much emotional distress.
A young mother to a three-year-old girl reported the accused would inappropriately touch her despite being asked to stop. She felt uncomfortable and violated, leading to thoughts of leaving, despite needing to work. After reporting the behaviour the situation only worsened, the accused apparently making matters more difficult.
A 32-year-old mother of two alleged similar inappropriate touching and comments from the accused. Despite reporting an apparent pattern of misconduct, the behaviour allegedly continued without appropriate action from the company, causing significant distress and discomfort.
“He just could not keep his hands to himself,” she said. “He always knew when and where to make contact where the cameras couldn’t catch him.”
According to the victims they were both suspended, while the accused continued working until his arrest. They said a hearing was held, but they claimed to have felt like the offenders, with no accountability or resolution in the end.
On enquiry, a media statement from the restaurant management read: “As this is an ongoing matter we are limited in what we can disclose at this time to avoid jeopardising the integrity of the process and the personal reputations of those involved. We take all allegations of misconduct very seriously and are committed to ensuring a safe and respectful workplace for all employees.”
Management confirmed the victims had made allegations of inappropriate conduct on 3 and 10 November. Investigations were promptly initiated, including a review of CCTV footage, which did not corroborate the allegations. “Due to the seriousness of the allegations and the findings of the initial investigations, both employees were suspended with full pay pending independent disciplinary hearings, to ensure a fair and impartial evaluation of all facts. The complainants were informed of their rights and the grounds for their suspension.
“During the disciplinary hearing on Friday 15 November the victims were shown footage that did not support their allegations. On the contrary, the footage revealed inappropriate behaviour by [one of the victims] towards the manager in view of customers and was charged accordingly. [This victim] was evasive, did not answer questions directly, and left before the hearing was concluded. She has since ignored requests to return to work. Neither of these employees have been dismissed.
“…We confirm that the alleged accused was arrested and has since been released on bail.”
They also stated they are cooperating with police while the law takes its course, and maintains a zero-tolerance policy towards harassment and misconduct.
