Workplace harassment is a serious issue that affects millions of employees worldwide. In South Africa, labour law plays a crucial role in preventing workplace harassment and protecting employees from this form of abuse. 

There are various forms of harassment in the modern world. In recent years, a code of good practice regarding workplace harassment has been published in terms of the Employment Equity Act. This code of good practice even refers to “bullying” as a form of workplace harassment.

In this blog post, we'll explore the role of labour law in preventing workplace harassment and the measures employers can take to create a safe and respectful work environment.

What is Workplace Harassment:

Workplace harassment refers to any unwelcome conduct that creates an intimidating, hostile, or offensive work environment. This can include verbal or physical conduct, gestures, or written messages that are sexual, racist, or discriminatory in nature.

Although this is a summarised list of examples of harassment in the workplace, the reality is that there are many more forms of harassment in the workplace. The effect of harassment in the workplace is detrimental to the overall productivity, and satisfaction within the workplace. 

The Role of Labour Law:

Labour law in South Africa provides a framework for preventing workplace harassment and protecting employees from this form of abuse. The Employment Equity Act and the Labour Relations Act are two key pieces of legislation that aim to promote equality and fairness in the workplace.

A code of good practice regarding workplace harassment has been published in terms of the Employment Equity Act. The purpose of this code of good practice is to provide an overview of how employers can combat, prevent, and resolve workplace harassment. 

Key Provisions:

The Employment Equity Act explicitly prohibits discrimination and harassment based on race, gender, sex, sexual orientation, religion, and other grounds.

The Labour Relations Act requires employers to maintain a workplace free from discrimination and harassment.

Employer Responsibilities:

Employers have a legal obligation to prevent workplace harassment and take disciplinary action against employees who engage in such conduct. To comply with labour laws, employers should:

Develop a clear anti-harassment policy;

Communicate the policy to all employees;

Provide training on workplace harassment;

Investigate allegations of harassment promptly and fairly; and

Take disciplinary action against employees who engage in harassment.

Employee Rights

Employees have the right to work in a safe and respectful environment, free from harassment and discrimination. If an employee experiences workplace harassment, they can:

Report the incident to their employer or HR department;

File a complaint with the Commission for Conciliation, Mediation and Arbitration (CCMA); and

Seek legal action against their employer.

Closing Remarks:

Labour law plays a vital role in preventing workplace harassment and protecting employees from this form of abuse. Employers must take proactive steps to prevent workplace harassment and create a safe and respectful work environment. By understanding their legal obligations and taking the necessary measures, employers can promote a positive and productive workplace culture.

Should you require guidance or assistance in the preventing harassment in the workplace or drafting policies on harassment in the workplace, Quid Nunc Consulting is here to provide reliable and comprehensive human capital solutions tailored to your business needs. 

Contact us at info@qnc.co.za or give us a call at 067 402 0231 to learn more about how we can support your organisation's success.