Blog

What is “Sexual Harassment”?

Sexual harassment is defined as unwelcome behavior which is sexually oriented and as a result infringes the rights of an employee, therefore obstructing equality in the workplace. It is important that the behavior from the alleged perpetrator must be unwelcome by the victim, and not reciprocated/accepted at the time of the incident.

The Code Of Good Practice On The Prevention And Elimination of Harassment In The Workplace.

The Employment Equity Act,1998 (EEA) prohibits unfair discrimination against employees on several basis, such as gender, marital status, race etc. The Code is a guideline of
conduct that applies to all employers and employees as stipulated in the EEA. The Code aims to eliminate all forms of harassment in the workplace by providing guidance on the policies and procedures to be implemented when harassment takes place.

The duty of the employer when harassment takes place in the workplace.

The EEA and Code state that harassment must be reported: “as soon as reasonably possible in the circumstances and without undue delay, taking into account the nature of the harassment, including that it is a sensitive issue, that the complainant may fear reprisals and the relative positions of the complainant and the alleged perpetrator in the workplace”.

The employer must do the following:

• Investigate the complaint
• Communicate with all involved parties
• Communicate to the complainant, all channels and resources available to them
• Explain what the channels constitute and that they may choose which channel to follow
• Assure the complainant they will not face any negative consequences
• Offer advice, assistance, and counseling to the complainant
• Inform the complainant their complaint will be dealt with confidentially
• Take the necessary steps to deal with the complaint
• Take steps to eliminate the harassment

Manzankosi Corporate Legal Consultancy can assist you:

Have you been a victim of sexual harassment at your workplace and you are of the view that your employer didn’t follow procedure in addressing your complaints? Manzankosi Corporate Legal Consultancy is ready to equip you with numerous legal remedies to safeguard you against harassment, abuse, and bullying in the workplace. Contact us on 067 147 2323/081 712 1114 or email info@manzankosiclc.co.za.