Picos v Servcorp Limited

In Picos v Servcorp Limited, the applicant sought injunctive and monetary relief against Servcorp Limited, alleging sexual harassment and discrimination. The applicant claimed that she was sexually harassed by the floor manager's father, the floor manager, and male Servcorp clients, and that Servcorp failed to take appropriate action when she complained. The applicant also claimed that Servcorp changed the lock on her office door and called the police when she attempted to enter. Servcorp argued that the applicant's contractual relationship was with Enideb, not Servcorp, and that Enideb was the proper defendant in the proceedings.

The court had to decide whether the applicant's claims against Servcorp were valid and whether the court should grant the injunctive and monetary relief sought. The court found that the applicant's contract was with Enideb, not Servcorp, and that there was no evidence that Servcorp was responsible for the conduct of the floor manager or the clients. The court also found that the claim for damages was not appropriate relief at the interim stage and could only be considered after a final hearing. The court dismissed the claim for injunctive and monetary relief against Servcorp, but adjourned the proceedings to a later date to allow the applicant to provide further evidence and arguments.

The court ordered that the claim for an interim injunction requiring Servcorp to pay the applicant $500,000 be dismissed, as well as the claim for the sum of $200 million. The application was adjourned to a date to be fixed on written application by the applicant to the Registry prior to 19 November 2014 or, in the absence of such an application, to Wednesday 3 December 2014 at 9:30 am for directions. The court also directed that a copy of the judgment, the affidavit of Mr Moufarrige dated 1 August 2014, and the three exhibits received into evidence on 6 August 2014 be sent to the applicant at her email address and most recent contact address in the Court file.