Cape Town - A former metro police officer allegedly sexually harassed by her superintendent, who was reinstated in his position after being found guilty, is taking her matter to the Cape Town Labour Court, claiming she was unfairly dismissed in 2021.
In February 2021, Verna Simpson, a metro police officer who had been in service since 2012, was relieved of her duties after she was accused of speaking with the media about her ordeal.
Simpson is being represented by Tzvi Brivik, director of Malcolm Lyons & Brivik and his team.
According to court papers, the team is ready to head to the Labour Court on May 27 in the matter of Simpson vs her former employers, the City of Cape Town.
They hope to finally adjudicate the City's alleged discrimination against, unfair treatment and unfair dismissal of, a victim of sexual harassment, pursuant to her having reported a senior metro officer for sexually harassing her.
Simpson was appointed as a constable in the Internal Affairs Unit of the metropolitan police, where she conducted investigations in respect of complaints received against metro police officers.
Between 2014 and 2018, Simpson was allegedly subject to sexual harassment, victimisation and bullying at the hands of Senior Superintendent Melvin Julies, to whom she reported at the time.
Brivik's team said via a press statement that Julies had been suspended, but was reinstated, while Simpson had been dismissed following a media report on the matter.
“Although Julies was suspended pending the outcome of a disciplinary process arising from Simpson's allegations, the City not only lifted his suspension while the disciplinary process was ongoing, but also returned Julies to active duty and promoted him to various acting positions prior to the conclusion of his disciplinary process, his being found guilty of sexual harassment and his consequent dismissal in 2020,” they said in their statement.
“When the South African Local Government Bargaining Council thereafter ruled Julies' dismissal unfair and ordered his reinstatement, the City instituted proceedings in the Labour Court for the review and setting aside of the Bargaining Council's award.
“Instead of progressing its review application to ensure a senior metro police officer found guilty of sexual harassment was not reinstated, in 2023, and pursuant to a confidential agreement reached between the City and Julies, the City withdrew its application to set aside the Bargaining Council's award and willingly returned Julies to a senior position within the metro police.”
They said now at the Labour Court they wished to show how she allegedly suffered adverse consequences at work.
“This includes victimisation and repeated transfers and/or redeployment across the City's various units and/or departments, which resulted in a deterioration of her working conditions and/or terms of service as well as the resources allocated to her, discrimination on the basis of her gender, and/ or the intersection of her sex, gender and imbalanced position of power; as well as further unfair treatment – all of which ultimately resulted in her unfair dismissal in December 2021.”
Simpson is set to claim compensation for her unfair dismissal, the unfair labour practices to which she was subjected and her past and future medical expenses; and the humiliation and degradation she suffered.
Simpson had suffered nightmares, trauma and anxiety for which she was hospitalised.
Julies pleaded not guilty but was found guilty and dismissed, months after Simpson had laid the charges.
Simpson's attorneys said they hoped the Labour Court would direct the City to take steps to prevent unfair discrimination, intimidation, victimisation and/or other prejudice following a report of sexual or other harassment occurring in the future.
According to her affidavit, she said she is raising three claims relating to her unfair dismissal, unfair labour practices and for damages under the common law.
She was dismissed from her duties on February 3, 2022 and two disputes were referred to the the South African Local Government Bargaining Council (SALGBC).
“Both disputes were heard and one certificate of outcome reflecting non-resolution was provided on March 25, 2022.”
Luthando Tyhalibongo, the City’s Spokesperson said due to the matter being before court, they cannot comment.
“The City acknowledges that the Labour Court will adjudicate the matter. The City has duly complied and have taken steps to prevent any form of discrimination, intimidation, victimisation or any form of harassment, including sexual harassment, in terms of the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace. The matter is sub judice.
“The City will respond to the current litigation challenge at the Labour Court,” he said.