Good day,I am having an affair with a co...

Asked by Kushka on 11-01-2023 13:46:14
Question posted in the General Law category relating to Eastern Cape

Good day,

I am having an affair with a colleague. The affair has been going on for almost a year now. I have tried to end it numerous times, but this person is very manipulative. I then went and slept with someone else knowing he would find out and hopefully want to call it quits. He found out and was infuriated. I then told him to take his things from me and go back to his wife and fix his marriage as he wants to get a divorce to be with me, which I do not want and have told him numerous times.

He is now threatening to go to our boss, the father of my child and my family to get me fired and in his word 'ruin my life' if I do not fix things with him and continue with the relationship.

Is there anything I can do regarding these threats?

Further information relating to Question:

There is evidence of our affair as well as nude pictures.

Message from the Lawyer

Posted by Att. Patrick on 11-01-2023 13:57:10

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Do you mind if I take a moment to review your question - I will come back to you shortly!

Message from the Lawyer

Posted by Att. Patrick on 11-01-2023 14:10:54

Honestly, I think that you should go to your boss first and explain your situation to your boss in order to get ahead of this issue. The person you've been having an affair with (let me refer to him as Bob) sounds incredibly manipulative, and you should watch out for him.

Given that you've previously tried to end this affair with Bob, and he has basically refused, and manipulated you into continuing the affair, and now that he is threatening you with this and that, it sounds like sexual harassment in the workplace. 

You need to report this unwelcomed sexual harassment in the workplace to your employer (your Boss) and you need to ask your employer to intervene and assist you in escaping the unwelcomed sexual harassment.

Spend an hour or so Googling and reading up about unwelcomed sexual harassment in the workplace and how damaging this can be and what to do.

Honestly, I think that at the moment you feel that you are simply half of the affair, but it sounds to be as if you are the victim in an on-going and unwelcomed sexual harassment incident and that you need assistance. 

I think that the reality of the situation is that it will come out eventually, and your Boss will find out, and so will your family, so you need to deal with the situation.

In relation to the threats, you could go to court to get an interdict court order to stop Bob from telling anyone about the affair, but honestly, Bob could ignore the court order and just tell people. What will you do then? Apply to court again in an attempt to hold Bob for contempt of court? That won't work ... so court isn't really a practical solution for you. 

You could also actually hold Bob liable for any lost earnings if you are dismissed from your job if you are dismissed as a result of Bob telling your Boss about your affair. But again, this will require a court case to hold Bob liable, so this isn't really a practical solution for you either. 

https://www.lrs.org.za/2021/11/24/how-to-deal-with-sexual-harassment-in-the-workplace/

https://www.labourguide.co.za/general/600-code-of-good-practice-on-sexual-harassment113

http://wlce.co.za/wp-content/uploads/2017/02/Sexual-Harassment-at-Work-Booklet.pdf

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.