New law aims at curbing workplace sex harassment

THE publishing of the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace by the Minister of Employment and Labour, Thulas Nxesi, could not have come at a better time as studies show an increase in sexual harassment in the workplace.

Nxesi published the code in March, and it became effective from March 18.

At the same time, the minister repealed the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace.

According to the Commission for Conciliation, Mediation and Arbitration (CCMA), the introduction of the harassment code was important particularly for employers to assess their policies and procedures in place to address harassment in the workplace, and ensure they meet the requirements.

The changes will hopefully stem the tide of harassment in the workplace, as a study conducted by Unisa showed that sexual harassment in the workplace was increasing, with more than 51 830 offences committed annually.

The CCMA said although the harassment code applied to the working environment, it recognised that perpetrators and victims of harassment may be people other than employers, employees and applicants for employment, such as clients, customers, contractors and volunteers.

The code regulates different types of “substantive” and “procedural” aspects, and, more importantly, it also gives clarity on what constitutes harassment.

Harassment is defined as any unwanted conduct which impairs dignity and creates a hostile or intimidating work environment for one or more employees, or alternatively, conduct which has the effect of inducing submission by actual or threatened adverse consequences and related to one or more grounds of discrimination.