What you need to know about the new harassment rules in the workplace for South Africa

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Employers need to take sterner action to stem the tide of harassment in the workplaces says Department of Employment and Labour deputy director for Employment Equity (EE) Registry, Lucia Rayner.

“Harassment must not be cheap, culprits must be held accountable and disciplined, Rayner said,” adding that employers need to have a harassment policy in place to specify the range of disciplinary sanctions that must be proportionate to the seriousness of the harassment in question.

Rayner was speaking during the joint Department of Employment and Labour and the Commission for Conciliation Mediation and Arbitration 2022 Employment Equity workshop. The workshop is part of a national series of roadshows that will be held throughout the country. The EE Act 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 the legislation.

It defines harassment to include the use of physical force or power, threatened or actual, against another person or against a group or community, which either results in or has a high likelihood of resulting in social injustice, economic harm, injury, death, physical and psychological harm, mal-development or deprivation.In the period 1 April 2019 to 31 March 2022 – the CCMA in terms of EE Act had referrals in terms of sex, sexual orientation, gender and sexual harassment.

 

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