For subscribers only
Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only.
If you are already a subscriber, you can login to see this judgment summary. If you cannot login, email us and we’ll arrange to give you access.
You can subscribe by paying a reasonable monthly fee. You can cancel at any time. No fixed contracts.
Subscribe
You can read a summary of a landmark judgment to see what a judgment summary looks like.
We provide free access to landmark judgments.
You can also read more about Gilesfiles and who subscribes to GilesFiles and why.
Darcy du Toit in the latest Weekly Comment in IR Network The link between corporate culture and the dignity of employees published by LexisNexis [subscription required]
Excerpts
“The resignation of Eskom director Mark Lamberti, following a finding made against him in the Johannesburg High Court in an unrelated matter, could be seen as reflecting a standard of propriety that is not universally found in the top echelons of South Africa’s corporate world. But there is more to be learned from this unfortunate episode.
. . . . .
Imperial and Lamberti were accordingly held liable, jointly and severally, for Ms Chowan’s damages for the impairment of her dignity which, by agreement between the parties, are to be quantified at a separate hearing together with the extent of her financial loss. Thus, regardless of whether an appeal is lodged, more may be heard of this matter.
This could be salutary. The case is important because the context in which it arose and the problems it highlights are all too common. We are regularly reminded of the slow pace of transformation at senior management level in the private sector. In the present case Meyer J summed up the corporate environment at AMH as follows:
What this says about the treatment Ms Chowan received may be debatable. However, no doubt was left as to her perception of the environment she found herself in and its connection with the treatment she received. Arguably, much needs to happen before Ms Chowan and many like her are fully able to play their parts as members of corporate teams, valued for their own sake and not for equity reasons, as the rule and not the exception. In particular, the link between corporate culture and the dignity of employees should be better understood, not only by those who are at the receiving end.”