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
MESSI is a trade mark
By Janine Hollesen and Donvay Wegierski, Directors In April, the EU court ruled that the degree of similarity between the [...]
The Banking Regulation Review
Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters [...]
Fair selection criteria in retrenchments – can your employer make you re-apply for your job?
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney In South Africa an employee’s services can be terminated as a [...]
Is the reference of “swart man” to a fellow employee racist and derogatory? If so, is a dismissal an appropriate sanction?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether referring to a fellow employee as a "swart [...]
Can you terminate an employee’s fixed-term contract by relying on the termination provision of a contract of employment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer rely on the termination provision of [...]
The Facebook data breach – #thisisyourdigitallife
by Ahmore Burger-Smidt, Head of Data Privacy Practice WHAT MESSAGE DOES THE FACEBOOK DATA BREACH HOLD FOR SOUTH AFRICA AS [...]
