Man Fired for Peeping into Ladies’ Changing Room Seeks to Reclaim Job in Labour Court

A former employee of a mining company, Moshe Bakang, who was dismissed for peeping through a window into a ladies’ changing room while a female colleague was partially undressed, has turned to the Johannesburg Labour Court in an attempt to reverse his dismissal.

Bakang’s actions, which resulted in his firing on charges of sexual harassment and misconduct, were initially upheld by the Commission for Conciliation, Mediation, and Arbitration (CCMA). The CCMA found his dismissal both procedurally and substantively fair, but Bakang is now seeking to overturn the decision in court.

Bakang was employed as a sampler preparer at a mining company when the incident occurred on the night of November 4, 2019. According to testimony from the victim, known only as B, she and her supervisor had entered the ladies’ changing room to shower after their night shift. As B was applying lotion in front of the mirror, she noticed through the reflection that the window behind her was slowly opening. She then saw a figure watching her.

At the time, B’s supervisor was in the toilet, and she called out to her for help. B soon realised that it was Bakang who had entered the changing room while she was still undressed. B confronted him, telling him he was “brave” for entering the change room after peeking through the window. She instructed him to leave and warned that she would report the incident.

Afterward, Bakang allegedly attempted to contact B multiple times on WhatsApp, though she did not respond. She subsequently reported the matter to the company’s HR department.

In his testimony during the CCMA proceedings, Bakang denied any wrongdoing. He claimed that upon arriving for work, he walked past the changing room and heard someone screaming. He rushed to the door but stated he could not see inside due to the positioning of the window, which he insisted was closed at the time. Bakang also explained that he asked for forgiveness but maintained that he did nothing wrong.

Despite Bakang’s defence, the CCMA commissioner did not accept his version of events and upheld his dismissal. Bakang subsequently appealed the decision to the Labour Court, claiming that the ruling constituted a “gross irregularity” and that he was innocent.

In a decision handed down by Acting Judge FI Baloyi, the Labour Court rejected Bakang’s appeal. The judge stated that the evidence presented strongly indicated that Bakang had indeed peeped through the window, noting that the window had been opened, as confirmed by B and her supervisor.

“Based on these facts alone, there is no other conclusion that can be drawn other than that Bakang was the person peeping and was seen by B through the mirror,” Judge Baloyi remarked. “It would not make sense for Bakang to ask for forgiveness for actions he did not commit.”

B, the victim of the incident, testified that the experience left her feeling deeply upset and violated. As a result, she was referred for counselling by her employer to help her cope with the emotional distress caused by the event.

Bakang’s dismissal remains in place for now, as the Labour Court found no grounds to overturn the CCMA ruling. His case highlights the importance of respecting boundaries and the consequences of violating personal privacy in the workplace.

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