Peeping through a window of the ladies’ changing room at work while a fellow female nightshift worker was half naked after taking a shower came at a costly price to the peeping Tom, who was fired.
The man, Moshe Bakang, however, has now turned to the Johannesburg Labour Court in a bid to get his job back.
During CCMA proceedings, the commissioner ruled that the dismissal of Bakang was both procedurally and substantively fair - a ruling he now wanted overturned.
Bakang was employed as a sampler preparer by a mining company until his dismissal on a charge of misconduct. The charge against him read: sexual harassment, non-verbal conduct such as unwelcome gestures, and indecent exposure towards a member of the opposite sex.
The victim, only identified as B, testified that she reported for duty on the night of November 4, 2019.
In the early hours of the next morning, she and her supervisor went to the ladies’ changing room to shower before knocking off.
It was shortly before five in the morning, and after showering, she stood in front of the mirror to apply lotion. While busy applying lotion and half naked in her underwear, she could see through the mirror that the window behind her was slowly opening and a person was looking at her.
At this time, her supervisor was inside the toilet, and B called out to her.
She said at this stage, Bakang entered the changing room where she was still half naked. B then said to Bakang that “you are so brave to enter the change house while you were staring at me through the window.”
B testified that Bakang came inside the changing room very relaxed and looked at her with his hand on his cheek. She told him to leave and that she was going to report the matter.
She said that Bakang afterwards tried to call her numerous times, and she did not answer his WhatsApp calls. She subsequently reported the matter to HR.
B testified that she felt very sad about what Bakang did to her, adding that she had been referred for counselling by her employer.
Bakang testified that when he reported for duty, he went past the change room.
As he was walking past the window, he heard someone inside screaming. He then rushed to the door of the change room to assist.
Bakang testified that he did not see B at all because if you are at the door, you cannot see the person inside. He denied the allegation that he looked through the window, which he said was closed, and he explained it was in any event too high for anyone to look inside.
He said he did ask B for forgiveness, but it did not mean that he did anything wrong.
The commissioner during the CCMA proceedings did not accept his version.
Bakang told the Labour Court that this has constituted a “gross irregularity” as he is innocent.
Acting Judge FI Baloyi, in turning down his review, said in all probability, Bakang peeped through the window. These probabilities are supported by the fact that the window was opened as testified by B and her supervisor.
“On these facts alone, there is no other conclusion that can be drawn other than that Bakang was the person peeping and was seen by B through the mirror. It would not make sense for Bakang to ask for forgiveness for things he did not do,” the judge said.