Pretoria - The publishing of the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace by Employment and Labour Minister Thulas Nxesi could not have come at a better time as studies show an increase in sexual harassment in the workplace.
In March, Nxesi published the code, effective as of 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 At the same time, the minister repealed the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace.
The Commission for Conciliation, Mediation and Arbitration (CCMA) said the introduction of the code was important particularly for employers to assess their policies and procedures to address harassment in the workplace.
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 it recognised that other than employers and employees, perpetrators and victims of harassment may include applicants for employment such as clients, customers, job seekers, contractors and volunteers.
The code regulates different types of “substantive” and “procedural” aspects; 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 in respect of discrimination.
With the new code, employers are under an obligation, in terms of the Employment Equity Act, to “take proactive and remedial steps to prevent all forms of harassment in the workplace”.
Hedda Schensema, director of the employment law practice at Cliffe Dekker Hofmeyr, said he believed that the code was a shift in the treatment of harassment in the workplace and would ensure that perpetrators could not escape liability for their actions.
Schensema said: “The code provides a new setting against which cases of sexual harassment and other forms of harassment need to be considered and adjudicated.”
Pretoria News