1. LABOUR LAW
SEXUAL HARASSMENT
IN THE
WORKPLACE
OJO SUNDAY
LABOUR LAW PRACTITIONER

2. Sexual Harassment in the workplace
 STOP STOP STOP

3. Overview of this section
Understand sexual harassment
The law on sexual harassment
How to deal with a grievant
How to advise, support and interview a
grievant.

4. Some Fact about sexual harassment
 In a recent study in South Africa,77% of
 woman respondents experienced sexual
harassment sometime during their
working lives (study conducted by Gender
Links project).
 Sexual harassment is a violation of human
rights and dignity
 Men may also be victims, but in most
cases woman are victim and men are
perpetrators. This is usually the result of
power relation in the workplace.
 Sexual harassment is difficult to raise and
to prove.

5. Code of Good Practice
 Objective : To eliminate sexual
harassment in the workplace.
 The code provides appropriate procedures
to deal with sexual harassment and
prevent its recurrence.
 The code promotes the development of
policies and procedures that will lead to
workplace that are free of harassment .

6.  The objective of this code is to eliminate
sexual harassment in the workplace.
 (2) This code provides appropriate
procedures to deal with the problem and
prevent its recurrence.
 (3) This code encourages and promotes the
development and implementation of policies
and procedures that will lead to the
creation of workplaces that are free of
sexual harassment, where employers and
employees respect one another's integrity
and dignity, their privacy, and their right to
equity in the workplace.

7. A workplace free of sexual harassment
 Employers should create and maintain a
working environment: in which the dignity
of employees is respected, which
complainants will not feel that their
grievances are ignored.
 All employer and employees should ensure
that their conduct does not cause offence
and should discourage unacceptable
behaviour on the part of other
 Employers/ manager/head of department
should take appropriate action where
there are instances of sexual harassment.

8. A workplace free of sexual harassment
 Employers should: adopt a sexual
harassment policy which substantially
complies with the code and makes it clear
that sexual harassment will not be
condoned; and provides the procedures for
lodging a complaint of sexual harassment.
 Communicate the content of the policy to
all employees.

9. Who does the code apply to ?
 The code applies to everyone in the
workplace- owner, manager, workers, job
applicants, suppliers, clients, contractors
and others having dealings with a
business.
 A non –employee who is a victim of
sexual harassment may lodge a grievance
with the employer of the harasser, where
the harassment has taken place in the
workplace or in the course of the
harasser’s employment.

10. Hey Herman how many more
women will you be calling LIARS

11. What is sexual harassment ?
 Sexual harassment is a form of unfair
discrimination and is prohibited on the
grounds of sex and /or gender and /or
sexual orientation
 Sexual harassment is unwanted conduct of
a sexual nature. It violate the right of an
employees and is a barrier to equity in the
workplace.
 The unwanted nature of sexual harassment
distinguishes it from behaviour that is
welcome and mutual.

12. What is sexual harassment ?
 Sexual attention becomes sexual
harassment if: the behaviour is persisted in,
although a single incident of harassment
can constitute sexual harassment; and or
the recipient has made it clear that the
behaviour is considered offensive and the
perpetrator should have known that the
behaviour is unacceptable

13. Some examples of sexual harassment
 Physical harassment: any unwanted
physical touches contact ranging from
touching to sexual assault and rape
 Deliberate sexual touching or brushing up
against, learning over, massaging or
pinching an individual.
 Touching or rubbing oneself sexually in
front of another individual
 Indecent exposure.

14. Some examples of sexual harassment
 Verbal harassment
 Sexual comments,
jokes, propositions,
 Referring to an
adult as girl,boy,
honey, sweetie, or
babes’. Asking
about sexual
individual lives,
making sexual
comment about a
persons body
 Sexual Favouritism
 This occurs when a
person in authority
only reward those
who respond to his
or her sexual
advance and those
who do not are
denied
advancement,
salary increased.

15. Unwelcome conduct
 The employee does not have to have
made it clear that the conduct is
unwelcome. It simple needs to be
unwanted. But we should encourage
victims to make it clear that the conduct is
unwelcome, or get assistance to do so.
 Previous consensual sexual conduct does
not mean that the conduct continues to
be welcome.

16. Effect of sexual harassment in the
workplace
 Effect on the
organization
 Bad publicity
 Litigation&
expensive legal
battle
 Low productivity
 poor job
performance
 Absenteeism
 Bad work relation
 Effect on the victim
 Physical injury
 Psychological
problems such as
self- doubt and
depression
 Loss of promotion
or even demotion
 Loss of salary
increase or other
benefit, dismissal,
resignation.

17. Why do victims remain silent ??
FEAR OF :
Not being believe
Making the harasser angry
Being seen as a trouble maker
Being blamed or accused of asking for it
Getting the harasser into trouble
The response of an angry partner.

18. Why do victims remain silent ??
 Not knowing :
 Who to go to for help
 What the behaviour is called
 That the behaviour is unlawful and amounts
to discrimination
 How to invoke the grievance procedure
 That there is a sexual harassment policy
 How to say what happened if it was intimate
and embarrassing
 The response of an angry partner.

19. Why do victims remain silent ?
Victims may question:
Will it stop
Am I exaggerating ?
Have I led the harasser on ?
Did I allow it to go on too long ?
Am I partly to blame ?
Victims may feel:
Powerless, unclean, guilty, humiliated,
self – doubting and embarrassed.

20. :sttttttttttt STOP STOP

21. STRATEGY CHECKLIST
Prepare yourself
Confront the harasser
Put it in writing
Keep a record
Seek support
Witnesses
Research your option
Formal complaint

22. What is the employer’s role ?
Employers need to maintain a safe working
environment where the dignity and safety of
all the workers is respected
A climate should be created in the workplace
in which victims of sexual harassment will
not feel that their grievance are ignored, to
ensure that you have a good sexual
harassment policy which conveys consistent
messages.
Employers and managers need to refrain
from committing acts of sexual harassment
themselves.

23. What is the employer’s role ? (cont)
Should model good behaviour – they
therefore should be the example to their
workforce and give a clear message through
their own behaviour that sexual harassment
will not be tolerated, should ensure that
those making use of their services are not
subjected to sexual harassment, required to
take appropriate action in terms of the policy
when infringements of the policy with regard
to sexual harassment occur, ensure that all
complaints brought to management in terms
of the code are dealt with effectively.

24. What is the role of the Union /Shop
steward ?
To understand the dynamics of abuse and
sensitive to the manner in which it is dealt
with, to remain impartial in any investigation-
personal attitudes and beliefs towards the
event and the parties must be set aside, to
have a thorough working knowledge of the
company’s harassment policy, treat each
incident separate from another, do not reflect
or discuss anything that has happened a
previous personnel file. To keep an accurate
and complete record of the investigation.
Included in this record should be all
information from both the complainant and
defendant, have sufficient counselling and
labour relations skills in order to effectively
manage the process further.

25. Dealing with sexual harassment
 Informal direct approach
 Informal approach using procedures or
support from others
 Formal approach using disciplinary action
 External approach using the services of
the CCMA, CIVIL SUIT, CRIMINAL
PROCEEDINGS.

26. External / Formal
approach
Conciliation
CCMA or BC- neutral 3rd
party assists the
parties to reach agreement private
conciliation- voluntary process, parties do
not have to agree.
Arbitration
Compulsory process where either a CCMA or
BC arbitrator gives a judgement on the
matter which is final and binding
Adjudication :in the labour court- in terms of
EEA, sexual harassment= discrimination.

27. External approach
Grievant could also institute civil claims and
sue the harasser in the law of delict and
make charges under criminal law at the
same time as they pursue labour procedure
when the sexual harassment is rape,
attempted rape or sexual assault.
Investigation: be objective and try to keep
an open mind, the harasser must be
informed that a grievance has been filed,
treat both parties with respect, advise both
parties of their rights and responsibilities,
interview the grievant, alleged harasser

28. Open – ended questions.
 Find out how the
grievant wants the
case resolved, find
out how the
harasser wishes to
resolved or correct
the situation,
prepared a report
and make
recommendation.
 What ---- Happened?
 Where- did the
grievance occur?
 When-did the incident
occur? Date/day/time
 Who-is involved in the
incident? name of all
the parties including
witnesses
 Why-is this a
grievance? What has
been violated? Is this
a criminal case.