Media 24 Limited v Grobler

The respondent, Ms Sonja Grobler, was employed as a secretary by Nasionale Tydskrifte Ltd, a subsidiary of Media 24 Ltd. Over a period of approximately five months she was subjected to repeated acts of sexual harassment by Mr Gasant Samuels, a trainee manager employed by Media 24. The harassment included unwanted physical contact, sexual advances and intimidation, both at the workplace and, in one instance, at her flat. Ms Grobler alleged that her employer failed to take reasonable steps to prevent the harassment despite knowledge of Samuels’ conduct and previous complaints. As a result of the harassment, she suffered severe psychological injury. She instituted a delictual claim in the High Court against Samuels and Media 24, the latter in its capacity as employer and as successor to the obligations of her direct employer.

The appeal was dismissed. The order of the High Court holding the appellants jointly and severally liable for damages in the amount of R776 814 was confirmed.

This case is a landmark in South African law for recognising that employers may be delictually liable for failing to protect employees from sexual harassment in the workplace. It affirmed that such claims are not confined to labour-law remedies and may be pursued in the High Court. The judgment strengthened protections for employees’ dignity and psychological integrity and clarified the intersection between delict, labour law and statutory compensation schemes.