Until the beginning of this month, Joy Davison was a personal assistant at the company. She alleges she was fired because she complained that a director was receiving \u2014 and sending \u2014 pornographic content through his work e-mail address. Part of her job was to screen e-mails.<\/p>\n
Davison \u2014 who says she saw hundreds of close-up penetrative and oral sex pictures \u2014 alleges she complained in vain about the e-mails, which she says eventually cost her her job.<\/p>\n
But, according to Cell C chief corporate officer Zeona Motshabi, Davison herself had been sending and receiving porn \u2014 and having a good laugh about it, judging by e-mails sent by her over a period of a year.<\/p>\n
The whole thing has turned into a nasty cat-fight between Davison and the company. She claims she was fired because she complained about the pornography, but Motshabi says she was fired because of improper conduct and, therefore, breaching her contract.<\/p>\n
Davison denies sending the e-mails: \u201cI\u2019ve never sent anything graphic in my entire life.\u201d She alleges that the company fabricated the e-mails.<\/p>\n
Ironically, all three of SA\u2019s cellular operators signed a code of good practice agreement in November 2005 designed to ensure reasonable steps are taken by the operators to protect children from accessing unsuitable mobile content.<\/p>\n
At the time, Jim Courtney, who was chief commercial officer at Cell C, said: \u201cThis is a step in the direction of ensuring that cell-phone spam and the irresponsible use of adult content are no longer possible.\u201d<\/p>\n
Davison worked at the firm for more than two years, and the porn started coming in from the start, she says. As she was a temporary employee for three months, she said nothing.<\/p>\n
Cell C\u2019s general counsel, Yogesh Bhika, queries why she stayed mum for so long, saying a formal complaint was never laid. Davison alleges she laid complaints with a variety of Cell C human resources staff. Bhika says she has not provided the company with evidence of the alleged e-mails.<\/p>\n
Shelley Wilson, of Bowman Gilfillan Attorneys, says sending and receiving adult pornography \u2014 unlike child pornography \u2014 is not prohibited by law, even at work. \u201cIt\u2019s an open season in relation to adult pornography.\u201d<\/p>\n
Wilson says many companies have internet and e-mail policies in place that prohibit activities such as surfing pornographic websites, downloading adult content, and disseminating it.<\/p>\n
\u201cCompanies are entitled to set standards. For example, they could discipline staff, up to and including dismissal.\u201d Cases where staff have been dismissed in line with such policies have been upheld in court, Wilson says.<\/p>\n
But Bhika says the company has clear policies on pornography, and staff found guilty of disseminating it were slapped with a final written warning.<\/p>\n
Davison has also laid a criminal charge of indecent assault against a senior manager, alleging he touched her arm, leaving her feeling \u201cdisgusted and violated\u201d, according to her signed affidavit.<\/p>\n
Bhika says the alleged offence occurred at a meeting held to discuss why Davison was turned down for a job she had applied for.<\/p>\n
Aslam Moosajee, an attorney at Deneys Reitz acting on behalf of Cell C, told The Weekender that the charge seemed to be retribution for not getting the position.
\nCell C also claims Davison was due to be issued with a warning for negligence in carrying out duties.<\/p>\n
Davison says she approached new CEO Jeffrey Hedberg two months ago about the e-mails, and was again brushed off, but Bhika says Hedberg dealt with the matter the only way he could, by sending the managers a letter, as no formal complaint had been laid.<\/p>\n
In May, Davison was suspended pending the outcome of an investigation into allegations of a \u201cbreach of confidentiality\u201d.<\/p>\n
The disciplinary hearing, held on June 8, found her guilty of breach of confidentially and \u201cgrossly offensive behaviour\u201d, a charge she had levell ed at a director after he offered to make her \u201cproblems disappear\u201d.<\/p>\n
Davison was fired early this month, but has approached the Commission for Conciliation, Mediation and Arbitration with an unfair dismissal complaint.<\/p>\n
Bhika says Cell C has not found the porn that was allegedly sent and received by senior executives.<\/p>\n