27/08/2021
EXCELLENCE IN LEARNING
WHAT IS SEXUAL HARASSMENT AND WHAT ARE YOUR LABOUR RIGHTS?
Sexual harassment refers to any unwanted s*xual attention that occurs at work.
This refers to any type of s*xual behavior that makes you uncomfortable, including:
- Touching
- Unwelcome s*xual jokes
- Unwelcome questions about your s*xual life.
- Whistling
- Rude gestures
- Requests for s*x
- Look at your body from an offensive perspective.
The Labour Relations Act is the main act that deals with s*xual harassment in the workplace. It has a Code of Good Practice on Sexual Harassment that sets out the best ways to deal with complaints about s*xual harassment.
Labour Rights
Sexual harassment is an unfair practice, and if anything happens to you, you can ask your employer to handle it.
You have the right to:
- A work environment free of s*xual harassment.
- Be treated with dignity and respect at work.
- Be treated equally, and not to be discriminated against because of race, gender and your HIV status.
- To report s*xual harassment without fear of victimisation (ill-treatment).
- Get your complaint handled with seriousness and confidentiality.
What to do if you are Sexually Harrassed?
You can deal with s*xual harassment in an informal or formal way.
Informal Way
This is where you try to solve the problem without filing a grievance (formal workplace complaint) against the abuser.
Guidelines for Informal Action:
- Talk to the abuser and ask him or her to put an end to the behaviour that makes you uncomfortable.
- If you feel uncomfortable being alone with the abuser, you can ask someone you trust to go with you when you speak to the abuser.
- Write to the abuser and tell them that their behavior makes you uncomfortable and ask them to stop. In your letter, write down the things that the abuser does that make you feel uncomfortable.
- Keep a copy of the letter.
- Send the letter by registered mail to show that you sent it.
- Ask someone else to speak to the abuser. You can ask your shop steward or a work colleague to do this for you.
Formal Way
Where a formal procedure has been chosen by the aggrieved, a formal procedure for resolving the grievance should be available and should:
- Specify to whom the employee should lodge the grievance.
- Make reference to timeframes which allow the grievance to be dealt with expeditiously.
- Provide that if the case is not resolved satisfactorily, the issue can be dealt with in terms of the dispute procedures contained in item 7(7) of this code.
Investigation and disciplinary action
- Care should be taken during any investigation of a grievance of s*xual harassment that the aggrieved person is not disadvantaged, and that the position of other parties is not prejudiced if the grievance is found to be unwarranted.
- The Code of Good Practice regulating dismissal contained in Schedule 8 of this Act, reinforces the provisions of Chapter VIII of this Act and provides that an employee may be dismissed for serious misconduct or repeated offences. Serious incidents of s*xual harassment or continued harassment after warnings are dismissable offences.
- In cases of persistent harassment or single incidents of serious misconduct, employers ought to follow the procedures set out in the Code of Practice contained in Schedule 8 of this Act.
- The range of disciplinary sanctions to which employees will be liable should be clearly stated, and it should also be made clear that it will be a disciplinary offence to victimise or retaliate against an employee who in good faith lodges a grievance of s*xual harassment.
Criminal and civil charges
A victim of s*xual assault has the right to press separate criminal and/or civil charges against an alleged perpetrator, and the legal rights of the victim are in no way limited by this code.
Dispute resolution
Should a complaint of alleged s*xual harassment not be satisfactorily resolved by the internal procedures set out above, either party may within 30 days of the dispute having arisen, refer the matter to the CCMA for conciliation in accordance with the provisions of section 135 of this Act. Should the dispute remain unresolved, either party may refer the dispute to the Labour Court within 30 days of receipt of the certificate issued by the commissioner in terms of section 135(5).
