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
Success fees to Business Rescue Practitioners: important aspects to consider
By Malachizodok Mpolokeng, Candidate AttorneyReviewed by: Dr. Eric Levenstein, Director and head of the Insolvency, Business Rescue & Restructuring practice. [...]
Letter issued by the Johannesburg Stock Exchange on 21 April 2020 on the Payment of Dividends (“JSE Letter”)
by Natalie Scott, Director and Tahli Hanan, Candidate Attorney Background The COVID-19 pandemic has caused considerable and unanticipated disruption to [...]
Fourth Amendment to the Disaster Management Regulations, insofar as they impact upon the energy and mining sector during COVID-19 lockdown
by Chris Stevens, Director and head of Mining, Environmental & Resources practice, Kathleen Louw; Director; and Bronwyn Parker Senior Associate [...]
COVID-19 and the resultant impact on rental payments: a practical analysis
by Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice and Kashvi Lalla, Director Introduction The [...]
Letter issued by the Johannesburg Stock Exchange on 17 April 2020 on Capital Raising Measures and Other (“JSE Letter”)
by Kyra South, AssociateReviewed by Natalie Scott, Director Backround 1.1 Since the outbreak of Covid‑19, and the subsequent national lockdown [...]
Exemptions and extensions for financial services providers and juristic representatives
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & [...]
