Howto...

Keep sexual harassment at bay

As the #MeToo campaign gains traction internationally, how well does South Africa’s legislation protect employees?

Bradley Workman-Davies, a director at Werksmans Attorneys, says local labour law clearly prohibits “any form of sexual harassment in the workplace and provides a number of protections for employees who may be the victims of such conduct”.

Employees have access to affordable forums to resolve disputes, including the Commission for Conciliation, Mediation and Arbitration and the labour courts;

There is little sympathy for employers that allow employees to be sexually harassed. The courts have “consistently found that in cases of sexual harassment leading to resignation by the victim, an unfair dismissal (constructive dismissal) has taken place”, says Workman-Davies;

One of the best ways to ensure employees know how to behave is to have a comprehensive sexual harassment policy; and

Employers should not underestimate their role in cases of sexual harassment. “The employer could be held vicariously liable for the conduct of its employees who committed acts of sexual harassment against a colleague,” says Workman-Davies.