Follow the Yellow Brick Road: Munchkins Restaurant Ltd and another v Karmazyn,liability of employers for long-term harassment

Abstract

Harassment, even of a verbal nature, can pollute the working environment and can destroy the health, confidence and the self-esteem of the victim. Of course, it is up to the claimants in these verbal harassment cases to establish that the behaviour of the employer is unwelcome and unsolicited and that it is offensive to them personally. It is this latter requirement that has caused most difficulty for claimants in these cases. This aspect of obtaining protection against long-standing harassment will be discussed in this article in light of a new decision that considerably broadens the legal protection for victims of harassment.