Expert: Time vital in reporting harassment at work

PETALING JAYA: Time is crucial when reporting sexual harassment cases at the workplace as any delay could result in offenders getting away unpunished, says labour and employment law expert Datuk Thavalingam Thavarajah (pic).

Companies must also step up efforts to provide a safe system for victims to lodge reports quickly and effectively, he said.

“Organisations need to appoint the right people to handle such cases because giving the job to an apathetic person can only further upset victims,” he said, adding that providing a safe system and a place free from harassment and bullying was key to any employment relationship.

Thavalingam was asked to comment on allegations of sexual harassment at BFM 89.9.

The radio station said on Saturday that it was looking into the claims, but could not yet confirm any of the situations described in an anonymous e-mail that was circulated online.

On suggestions that victims keep a log of the incidents as evidence of the misconduct, Thavalingam said that was ineffective as it could be regarded as circumstantial.

The lawyer further urged companies to take sexual harassment complaints seriously and educate employees on it to prevent unwanted incidents at the workplace.

“A proper complaint procedure, in addition to conducting awareness programmes for staff, must be in place. Education is key,” he said, reiterating that sexual harassment was a serious misconduct that warranted immediate dismissal if proven.

However, he admitted that sexual harassment was among the more difficult misconduct to prove because in most cases, it was one person’s word against another unless evidence of the incident was left in text messages, e-mails or even social media posts.

“Accusations can be made easily, but will not hold water unless substantiated. At the same time, a person is innocent until proven guilty and must be given the opportunity to be heard,” he said.

Thavalingam attributed the heightened awareness of sexual harassment to movements such as #MeToo and #BelieveWomen on social media, under which victims shared personal stories.

“These movements contribute to an increase in the number of such complaints as people are more aware of their rights,” he said.

Thavalingam noted that despite the Employment Act 1955 having a provision to address sexual harassment in the workplace, victims were still afraid to take legal action against offenders.

“There is a low percentage of this as victims are afraid to come forward because they feel embarrassed,” he said.

Meanwhile, media watchdog Geramm (Gerakan Media Merdeka) is calling for justice to be served following the allegations involving BFM 89.9.

“Sexual harassment is a serious matter in the field of journalism and should not be condoned by anyone,” it said in a post on its Facebook page yesterday.

It expressed concern that the allegations had to be publicly made by the anonymous employee, who accused the radio station’s management of “ignoring” attempts to resolve the matter through internal channels.

“This signals a lack of internal mechanisms and safe space to address a very serious issue without fear or favour,” it said.