On 22 September 2025, the Labour Court in Bergrivier Local Municipality v Swartz (C316/2024) overturned a shockingly light sanction for repeated sexual harassment. A chairperson had allowed an employee guilty of serious, repeated harassment to keep his job with just a suspension and final warning.

The Labour Court disagreed and substituted that sanction with summary dismissal.

👉 Why? Because the misconduct was so severe that no reasonable employer could continue to employ him, trust was destroyed.

What Happened in the Bergrivier Case?

The employee, Mr Swartz, repeatedly touched a female colleague’s private parts during work travel and even forced her hand onto his genitals after she resisted. Despite this, he initially avoided dismissal because the chairperson claimed the municipality hadn’t provided evidence of a “zero-tolerance” stance or breakdown of trust.

The Labour Court was clear:

• Sexual harassment is one of the most heinous forms of workplace misconduct.

• It inherently destroys dignity, safety, and trust in the employment relationship.

• Employers don’t need to “prove” that trust is broken, in such cases, it is self-evident.

What This Means for Small Businesses and NPOs

This case is a stark reminder that:

• If you don’t have a Sexual Harassment Policy, you’re exposed.

• If your Disciplinary Code isn’t aligned with the latest 2025 Code of Good Practice: Dismissal, you risk losing cases, even when the misconduct is real.

• If your managers don’t have clear processes, forms, and guidance, cases can be mishandled and reversed.

Small businesses and NPOs often think: “We’re too small for these issues.” But when misconduct happens, the cost of being unprepared is enormous, financially, legally, and reputationally.

💡 Free Resource for Employers
Dealing with harassment complaints the wrong way can cost your business at the CCMA or Labour Court. To help you avoid costly mistakes, I’ve created a free guide: “Protect Your Business: 5 Essential Steps for Managing Sexual Harassment Complaints.”

This step-by-step checklist will show you exactly what to do (from the moment a complaint is made, to investigation, hearing, and resolution) so your process is both fair and legally compliant.

I’m sending out the FREE step-by-step guide. Want it? 👇
Click here & leave your details: https://www.legalassistsolutions.co.za/contacts

How to Protect Your Workplace

At Legal Assist Solutions, I provide affordable, customisable tools designed for small businesses and NPOs:

✅ Sexual Harassment Policy — with acknowledgement forms to ensure every employee knows the rules.
✅ Disciplinary Toolkit (Updated 2025) — aligned with the new Code of Good Practice, including policies, manager checklists, hearing and appeal forms, and sanction templates.
✅ Employment Contract Template — ensuring that policies and codes are built into your staff contracts from day one.

The Bergrivier Municipality v Swartz case shows that sexual harassment is never “minor.” Employers must have zero-tolerance policies and processes that can withstand legal scrutiny.

Your workplace deserves to be safe, structured, and compliant. Don’t wait until it’s too late.

👉 Start today: https://www.legalassistsolutions.co.za/legal-assist-store

📩 Want peace of mind and protection?
Email me: admin@legalassistsolutions.co.za
Call: +27 63 875 9658