- 4 Marks
Question
‘Las Panas’ is a successful chain of restaurants and bars that features female waitresses in white spaghetti tops and very short red skirts. Five former waitresses filed a class action lawsuit, alleging that the atmosphere ‘Las Panas’ created in its restaurants allowed them to be sexually harassed by customers, cooks, and managers. Ama Smith, one of the waitresses, noted on a radio super morning show program that the ‘Las Panas’ mandatory uniforms caused them to be sexually harassed. Meanwhile, ‘Las Panas’ continues to enjoy great success, and it recently received an award as the Best Marketing Company.
Required:
i) Identify the key stakeholders in this case.
(2 marks)
ii) Supposing the women knew of the problems when they agreed to work at ‘Las Panas’, what bearing should such knowledge have on their right to the alleged harassment?
(2 marks)
Answer
i) Key Stakeholders:
- Las Panas: The restaurant chain is central to the issue due to its policies and the working environment it created.
- Former Waitresses (Plaintiffs): They are directly involved as the individuals alleging harassment.
- Customers, Cooks, and Managers: These groups are implicated in the harassment allegations.
- General Public and Media: As influencers of public perception and amplifiers of the issue through media coverage.
(2 marks)
ii) Impact of Prior Knowledge (Volenti Non Fit Injuria):
- Volenti Non Fit Injuria: This legal principle implies that if the waitresses knew of the potential for harassment when they agreed to work at ‘Las Panas’, they may have consented to the risk associated with the work environment.
- Legal Bearing: The principle suggests that individuals who voluntarily expose themselves to known risks may have limited grounds for claiming compensation for resulting harm. However, this does not absolve the employer of responsibility if the work environment was inherently unsafe or the harassment exceeded reasonable expectations.
(2 marks)
- Topic: Contract Law
- Series: MAY 2020
- Uploader: Dotse