Malawi court rules against Mota Engil in sex abuse case, sets landmark precedent
The High Court has ruled against Mota Engil Construction Company in a case where Tamara Kabowa sued the company K100 million for damages following sexual abuse by her immediate boss, a Portuguese identified as Joachim Carvallio.
Mota Engil claimed Kabowa was not sexually harassed by their male employee as such the company was not liable for anything and further argued that she was not physically injured to warrant compensation.
But Judge Mike Tembo in his determination ruled that Mota Engil failed to protect the female employee from the sexual harassment, failed to create a work environment free from sexual harassment and safe for female employees, and was also negligent by not stopping the sexual harassment she was going through after she reported the matter several times.
Justice Tembo has ordered Mota Engil to compensate Kabowa with aggravated (serious and high) damages for the emotional, psychological and mental anguish she went through as a result of the sexual abuse and harassment.
However, a psychologist and psychiatrist will give expert evidence to guide the court on the right amount of compensation for the injury Kabowa suffered.
Lawyer Kuleza Phokoso who represented Kabowa confirmed about the ruling, saying he was delighted “justice has been served.”
Meanwhile, human rights advocate Elita Mwandira Mwale described the judgement as a “landmark ruling” saying it will stop sexual harassment, especially among women in the workplace.
She pointed out that with the court ruling, employers can be held liable to compensate female workers for sexual abuse or harassment perpetrated by their male counterparts while on duty.
Further, female employees do not have to necessarily suffer physical injury to sue for sexual harassment because emotional, mental and psychological injury is more serious and would be compensated if the act occurs.
We have serial child abusers in schools, and the police just let them go after being paid a bribe. Legal system is pretty pathetic. I’d like to think that this case is a step in the right direction, but in reality I expect it is more about politics and power.
Compensation is certainly not a good incentive for a crime that it may be difficult to provide evidence for, but the waste of space and tax money police force should control the exploitation of female workers, which is quite high.
Nowadays if u want to sleep with your male employee make sure u have a form to sign an agreement written on so that in that case u will be saved from courts women are busy searching how they can benefit out anything but according to ruling was good but demanding the money was wrong just jail that idiot
The Portuguese who is poorer than Cristiano Ronaldo is doing this. You are a disgrace to football fans and the whole Portugal
That’s good ruling,mapwitikizi,amwenye onse khalidwe lawo limod I ndipo amayikilana kumbuyo olo atapha munthu mwadala amati ngosalakwa
Zinatani kodi? M’phwitikizi amafufuza something in return for promotion?
Male sexual harassment in the workplace should also be looked into.
Human rights is a right for everyone let’s respects one another right especially rights of women at any gathering
Employers must indeed create a safe working environment for women. Having worked as first officer and captain on ships around the world, I will share one thing. These kind of rulings end up forcing employers to be Gender biased during recruitment of staff. In the shipping industry, ship owners hardly employ female employees on their long distance cruise or carrier ships because they fear they may have to pay for such stupid things. There is a limit to which the employer can offer protection. Where possible it’s important that the individuals involved be punished in a way or dismissed. However… Read more »
Moto Engil spent more money on lawyers fighting the case before the Court than acknowledging that there was an issue between the woman and her boss even though she complained numerous time. A good ruling by the court who must recognize women as equals under the Law. Men may consider Women sex objects but NOT in the workplace they are there to do a specific task as are male employees. Many cases the male employee is terminated.
Amuna ku ntchito tili mmadzi. Kungofunsila basi akakana kumusiya.