Legal updates and opinions
News / News
The Protection from Harassment Act 17 of 2011
The Act provides simple procedures and remedies in addition to those available to employees in terms of other legislation (such as the LRA, Employment Equity Act 55 of 1998, as amended, and Unfair Discrimination Act 4 of 2000, as amended). The Act applies to harassment of both sexual and non-sexual variants.
Non-sexual harassment is conduct which a person knows or ought to know causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person. This includes following, watching or accosting the complainant or a related person, or loitering near the place where the complainant resides or works. Other forms include unreasonably engaging in communication (which may be verbal or electronic such as email) aimed at the complainant or related person.
If the complainant and harasser are in the same workplace then the employer may incur vicarious liability and have to pay damages. If the complainant obtains a protection order then the employer may be obliged to take measures to ensure that the harasser is able to comply with the protection order. A protection order would be a ground for disciplinary action against the harasser if the action impacts on the employment relationship. If, for example, the employer’s email facilities were used to harass the complainant then the SAPS may request an employer to furnish information relating to emails and employees involved in the harassment. Failure to comply would be regarded as an offence on the part of the employer.
It is essential that employers establish mechanisms to prevent harassment (both non-sexual and sexual) in the workplace. This should include drawing up a harassment policy to inform employees of the serious consequences of breaching the Act.
Latest News
Cybersecurity Breaches vs The SABS Breach of “Standards”
Issues of maladministration and mismanagement at the South African Bureau of Standards ("SABS") have been the subject of much contestation [...]
No, you cannot do and say whatever you feel like! Even if you are the scorned lover or wife
The internet and digital platforms have significantly impacted privacy rights and the legal landscape. Social media, blogs, and other online [...]
A tale of cybersecurity blame, who bears responsibility?
Who is responsible for the payment of loss arising from cyber fraud, specifically when an email correspondence is intercepted by [...]
Further into Africa…Botswana enacts a “new” Data Protection Act. Does this spell a new dawn?
On 29 October 2024, Botswana's "new" Data Protection Act 18 of 2024 ("the new DPA") was published in the government [...]
Second Edition of FIDIC Green Book: A Solid Foundation for Small to Medium Sized Projects
and Khanyisa Tshoba - Candidate Attorney Having been involved in a number of contract negotiations relating to small to medium [...]
Direct marketing Guidance Note issued, but only the future will tell
On 04 December 2024, the Information Regulator ("Regulator") published the long-awaited Guidance Note on Direct Marketing ("Guidance Note") in terms [...]