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
Minister issues new Code of Good Practice on the preparations and implementation of the Employment Equity plan
On 12 May 2017 notice was given, by way of Government Gazette, in accordance with section 54 of the Employment [...]
Tax avoidance could be a tax trap
INTRODUCTION In 2016, the Income Tax Act ("the Act") was amended to provide for a further tax burden where [...]
Private dispute resolution – on the rise, and why not?
More and more private companies and individuals are turning to private resolution of their disputes for a variety of reasons [...]
Inadequacy of law in the digital age
Technology is advancing much more quickly than most people anticipated even a decade ago. This begs the question as to [...]
Competing in a vacuum or not
INTRODUCTION In a modern day society, thanks to technological advancements, information is readily accessible to anyone at any [...]
Wheels in motion – the public passenger transport market inquiry
INTRODUCTION The Competition Commission ("Commission") has launched yet another market inquiry. In this instance, the focus is on the [...]
