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
A horse by the same name?
By Janine Hollesen, Director The High Court in Pretoria has recently ordered the cancellation of numerous trade mark registrations for [...]
The Tax Implications of eliminating Treasury Shares
By Ryan Killoran, Director It is fairly common for a subsidiary company to hold shares in its holding company, colloquially [...]
A brief retrospective on two cases about UIF and asylum seekers
By Dakalo Singo, Director Introduction The end of February 2020 marks the anniversary of an important court victory which confirmed [...]
South African Airways – Business rescue practitioners hold the reins
By Bradley Workman-Davies, Director The fate of South African Airways remains inscrutable, and recently there appears to have been some [...]
2020/2021 Budget Proposals – Tax Overview
By: The Werksmans Tax Team INTRODUCTION From 2015/2016, year on year there have been upward adjustments to the various [...]
Tax Implications of CCMA Awards, Labour Court Orders or Settlements
By Michiel Heyns, Senior Associate and Nicholas Fairbairn, Candidate Attorney Reviewed by Doelie Lessing, Director and Jacques van Wyk, Director [...]
