Sexual Harassment in the Workplace
Nozipho Mvulane
Harassment in the Workplace
Dealing with sexual harassment in the workplace is a serious issue that requires prompt and appropriate action. In South Africa, there are laws and regulations in place to address and prevent sexual harassment.
Sexual harassment in the workplace is a form of misconduct that involves unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature. It is a violation of an individual’s rights and can create a hostile work environment. Dealing with sexual harassment requires taking it seriously and addressing it promptly.
Below are some steps you can take if you are facing sexual harassment in the workplace in South Africa.
Recognize and Understand Sexual Harassment
Familiarize yourself with what constitutes sexual harassment. It can include unwanted sexual advances, comments, jokes, gestures, or any other behavior that makes someone uncomfortable, intimidated, or interferes with their work performance. Educate yourself about your rights as an employee and your company’s policies regarding sexual harassment. Review the employee handbook, code of conduct, or any other relevant documentation that outlines the procedures for reporting and addressing such incidents.
Understand the Law
Familiarize yourself with the relevant legislation in South Africa that prohibits sexual harassment in the workplace. The primary legislation is the Employment Equity Act 55 of 1998. This act defines sexual harassment, outlines the obligations of employers, and provides protection for employees who report incidents of sexual harassment.
The 2022 Code on Harassment
In an effort to further combat harassment of any kind (especially sexual harassment), the GN R1890 in GG 46056 of 18 March 2022 (Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace) was introduced. The objective of the 2022 Code2, is to address the prevention, elimination, and management of all forms of harassment in the workplace. According to the 2022 Code, harassment includes violence, physical abuse, psychological abuse, emotional abuse, sexual abuse, gender-based abuse and racial abuse. This Code aims to strength the law against aggressors and perpetrators of sexual harassment in the workplace. This Code lists acts that can be deemed sexual harassment as well as the penalties and sanctions associated with such conduct.
Not limited between Employers and Employees
Although the 2022 Code deals with the relationship between employer and employee, employees are not the only possible victims or perpetrators of harassment in the working environment. Victims and perpetrators of harassment do not have to be co-workers, and include, but are not limited to:
- contractors;
- clients and customers;
- suppliers;
- volunteers; and
- others having dealings with the business.
The 2022 Code does include:
- owners;
- employers;
- employees;
- managers;
- supervisors;
- job seekers and applicants; and
- persons in training including interns, apprenticeships and learnerships.
Document Incidents
Keep a record of all incidents of sexual harassment that occur, including dates, times, locations, details of the incidents, and any witnesses present. This documentation can be crucial if you decide to take formal action later. Keeping a detailed record of the incidents, including dates, times, locations, the individuals involved, any witnesses. And noting down any relevant conversations or actions that took place may serve as evidence if you decide to pursue a complaint later.
Understand The Available Options
Depending on the severity of the harassment and your desired outcome, there are different courses of action you can consider. This may include mediation, disciplinary action, or filing a formal complaint with external entitie or relevant authorities.
Speak Up
It is important to report the sexual harassment to the appropriate authority within your organization. This could be your immediate supervisor, human resources department, or a designated person responsible for handling complaints. Follow your company’s internal reporting procedures and ensure that your complaint is properly documented.
Cooperate with Investigations
If an investigation is initiated, cooperate fully and provide any necessary information or evidence. Be prepared to share your documentation and provide a detailed account of the incidents. Your cooperation can help in resolving the situation effectively.
Seek Support
Reach out to trusted colleagues, friends, or family members for emotional support during this difficult time. Consider contacting organizations that specialize in providing support and guidance for victims of sexual harassment, such as the Commission for Gender Equality (CGE) or non-governmental organizations. If available, consider seeking support from employee assistance programs or counselling services provided by your employer.
Pursue a formal complaint
If your initial report does not lead to satisfactory action or if the harassment continues, you may consider escalating your complaint to a higher level within your organization. This could involve lodging a formal complaint with the Human Resources department or the management team. Ensure that you follow any prescribed procedures outlined in your company’s policies.
Engage external authorities
If your employer fails to address the issue appropriately or if you face retaliation for reporting the harassment, you may consider reporting the incident to external authorities. In South Africa, you can file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA), which is responsible for resolving workplace disputes.
Seek legal advice
If you believe your employer has not taken appropriate action or if you have suffered significant harm as a result of the harassment, you may want to consult with an employment lawyer who specializes in sexual harassment cases. They can provide guidance on your legal rights and options moving forward.
If you are unsatisfied with the response from your employer or if the harassment continues, you may want to consult with an employment lawyer who specializes in sexual harassment cases. They can provide guidance on your legal rights and help you navigate the appropriate legal avenues.
Remember, it is important to prioritize your safety and well-being. If you feel threatened or unsafe, consider removing yourself from the situation and seeking immediate assistance. Remember, every situation is unique, and the steps you take may vary depending on the specific circumstances. It’s important to prioritize your well-being and seek the support and resources available to you throughout the process.
For further information of any of your legal needs, please contact Rajaram Mvulane Attorneys at info@rajarammvulane.co.za or on 073 2777 973.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
