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
Notice on compensation for occupationally-acquired novel corona virus disease (COVID-19)
by Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On [...]
NATIONAL BARGAINING COUNCIL FOR THE CLOTHING MANUFACTURING INDUSTRY: conclusion of collective agreement requiring payment of employees
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney The [...]
Sick leave and annual leave during the lock-down
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney Having [...]
When Insolvency meets the Environment: Directors and liquidators should develop a corporate green thumb
By Nastascha Harduth, Director. Bronwyn Parker, Senior Associate and Tsebo Masia, Candidate Attorney Introduction Corporate South Africa has long been [...]
When darkness comes, evil goes phishing….
By Ahmore Burger-Smidt, Head of Data Privacy Practice Let us not doubt the fact that cybercriminals are looking to exploit [...]
Home sweet home…. But do you know who is lurking in your space?
By Ahmore Burger-Smidt, Head of Data Privacy practice The concept of the home through the ages has been considered as [...]
