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
Jurisdiction in south african labour law
Labour law and jurisdiction Jurisdiction can be defined as the competence of a court to hear and determine an issue [...]
No work on public holidays – a gift from the labour appeal court
In terms of the Basic Conditions of Employment Act, 75 of 1997 ("BCEA"), all employees are entitled to a minimum [...]
What does the protection of personal information act, 2013 mean for south African elections?
by Ahmore Burger-Smidt, Head of Data Privacy Practice and Mahlogonolo Motimele, Candidate Attorney A CLOSER LOOK AT THE VOTERS ROLL [...]
Not your friend, buddy
The requirement to register as a credit provider under the National Credit Act That the National Credit Act[1] (the NCA) [...]
The inadvertent 8c trap
Section 8C of the Income Tax Act 1962 (the Act) includes in a taxpayer's income any gains or losses made upon [...]
Jurisdiction in South African Labour Law
Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A [...]
