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
Prescription of on-demand loans – the Constitutional Court’s decision in Trinity v Grindstone
INTRODUCTION Towards the end of 2016, we drew to your attention a decision of the Supreme Court of Appeal [...]
The bounds of the right to strike in support of organisational rights by way of Section 21 of the LRA
Section 21 of the Labour Relations Act 66 of 1995 states that any registered trade union may notify an employer [...]
Appointment of Information Regulator
INTRODUCTION On 7 September 2016, the National Assembly voted in favour of appointing the former IEC chairperson Advocate Pansy [...]
Increase in minimum wage for hospitality workers
On 10 June 2016, the Minister of Labour published an amendment to the minimum wage for Sectoral Determination 14 which [...]
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 [...]
