Employers have a moral and legal obligation to provide a safe environment for their Employees. Neglecting safety can result in legal repercussions, damage to a company’s reliability and negative morale under Employees. Promoting safety in the workplace not only refers to physical safety, but it also includes fostering a culture of safety, a climate where all Employees are treated with dignity and respect.
With reference to creating a safe working environment, Employers are encouraged to be aware of areas where harassment can possibly occur. The PEPUDA (Promotion of Equality and Prevention of Unfair Discrimination Act) defines harassment as unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and which is related to sex, gender or sexual orientation, or a person’s membership or presumed membership of a group identified by one or more of the prohibited grounds or a characteristic associated with such group.
Section 6 (1) of the Employment Equity Act (EEA) lists the prohibited grounds as race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth, or any other arbitrary ground.
Section 6 (3) of the EEA states that harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in subsection 6 (1) of the EEA.
When it becomes known to an Employer that possible harassment has taken place or is taking place, the Employer is obliged to:
- consult all relevant parties;
- take steps to address the complaint in accordance with an inhouse policy (or applicable legislation), and
- take steps to eliminate the harassment.
As a result of the above, disciplinary sanctions may be issued, based on the severity and possible risk involved.
An Employer should note that a complainant has the right to lay a criminal charge or institute civil proceedings against the alleged perpetrator and the legal rights of the complainant are in no way limited by the contents or procedures of an inhouse policy.
Employers are encouraged to compile an anti-harassment policy which aims to address and prevent antagonistic situations that violate the dignity of employees. The policy should include the complaint process and establish consequences for violations. Employers are also encouraged to conduct training sessions on their policy.
If you have any enquiries, you are welcome to contact Anél Crous (anelv@fhbc.co.za) or Leané de Beer (leane@fhbc.co.za)
Source Reference:
https://www.justice.gov.za/legislation/acts/2000-004.pdf
https://www.labour.gov.za/DocumentCenter/Acts/Employment%20Equity/Act%20-%20Employment%20Equity%201998.pdf