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
New labour judgement confirms that the CCMA has teeth
CCMA and MBS TRANSPORT CC and Five Others [J1807/2015] / [JA94/2015] Since the introduction of the Labour Relations Act, 66 [...]
The accountability of a group of strikers for misconduct during a strike
Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi [...]
Time to amend the Business Rescue Act?
Business rescue was introduced into our law in May 2011. But is it time for an overhaul? The business rescue [...]
REITS – some clarification of the taxation of investment vehicles in real estate in the form of REITS and controlled companies
A traffic standstill is rarely the result of retail specials; however, on 28 April 2016 the greater Johannesburg area had [...]
The Uber price-fixing ride: what are the anti-trust co-ordinates?
During December 2015, Spencer Meyer instituted a class action lawsuit against Uber Technologies, Inc’s CEO, Travis Kalanick, in the United [...]
Far reaching judgment of the recent silicosis class action case
INTRODUCTION The scope and magnitude of the proposed class actions envisaged in Nkala v Harmony Gold Mining Company Limited (Treatment [...]
