WOMAN from Kwekwe has had her case dismissed, in which she was seeking almost US$50 000 in civil damages from Electrosales Hardware after one of its male employees allegedly made sexual advances towards her in front of her husband.
Angela Nyathi, who is also a leader of the Vendors 4ED in Kwekwe, cited Electrosales and its former till operator, Herbert Sithole, as respondents.
Nyathi claimed US$45 000 as general damages for sexual harassment, US$4 000 for defamation of character, US$500 for aggravating factors and US$165 for medical expenses.
The court heard that on June 5 last year at around 1430 hours, Nyathi, in the company of her husband Jabulani Msipa went to Electrosales to buy some items.
Nyathi picked up a water bottle and asked Sithole the price.
Sithole allegedly replied by making sexual advances to her.
“Why are you buying a hot water bottle, yet I am available for you. I can make you hot and remove all the cold in your body," Sithole is alleged to have said.
"I am available to undress you and make you very hot until you reach orgasm and climax.
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"I desire you on a weekend at your place or mine. I will remove all your clothes and you will remain naked.
"You won’t need to see a hot water bottle again and you will want more sexual pleasure from me.”
It is these words that prompted Nyathi to sue Electrosales.
Electrosales, represented by lawyer Patrick Nyeperayi, submitted that the company did not associate or approve of Sithole's utterances and immediately suspended him from work.
And a disciplinary hearing led to his dismissal.
Sithole denied the sexual harassment charge, saying he made the comments innocently since he regarded Nyathi as a "close acquaintance."
Sithole explained that he had known the customer for over 10 years and regarded her a close friend.
Sithole said he believed her allegations were unfounded and motivated by a desire for financial gain.
The court heard that Sithole was arrested over the incident and was made to pay an admission of guilt fine.
Nyathi told the court that she is a hypertensive and the incident resulted in her hospitalisation due to stress.
Nyathi said her reputation was badly tarnished and her marriage was on the rocks as a result.
In delivering the ruling, Kwekwe magistrate, Itayi Kagwere, dismissed the US$50 000 lawsuit, saying the till operator's utterances had nothing to do with Electrosales as a company.
"By no stretch of imagination can it be said that discouraging customers from purchasing Electrosales Hardware’s products can be promoting the business of Electrosales Hardware. Sithole sabotaged Electrosales Hardware's business," Kagwere said.
"What he said was calculated to advance his sexual fantasies with the plaintiff.
"He invited her to his place, alternatively, he suggested going to the plaintiff’s place to warm her up and satisfy her sexually, surely there is no nexus with Electrosales’s business."
