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
Excon and cryptocurrencies
INTRODUCTION In a recent Werksmans Tax Brief (https://bit.ly/2K2emv1) we discussed the current SARS view on the South African tax treatment [...]
INSOL International: Restructuring Options for MSMEs and Proposals for Reform – South Africa
Directors, Nastascha Harduth and Dr. Eric Levenstein contribute on the Special Report on MSME insolvency, giving a holistic South African [...]
Restraints of trade
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney RESTRAINTS OF TRADE A restraint of trade is a provision in [...]
Does the inconsistent application of the requirements set out in a promotional post advertisement constitute an unfair labour practice?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is an employer's failure to consistently apply the requirements [...]
Can you dismiss an employee for posting a racist comment on Facebook?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is a dismissal of an employee who posted alleged [...]
Why failing to revise land policy will fail aspiration of millions
The need for land expropriation must be characterised and understood as being foremost about social justice and a constitutional imperative. [...]
