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
The downside to a side hustle – moonlighting, conflicts of interest and the law
and Nombulelo Bashe – Candidate Attorney Employees are required to devote their time, effort and skills to advance their employer's business [...]
Mystery of the momentary visitor: Solving the uncertainty surrounding the replacement of an interim business rescue practitioner
A company can be placed in business rescue in only two ways, voluntarily by a board resolution in terms of [...]
International: Trends in AI governance
READ - INTERNATIONAL: TRENDS IN AI GOVERNANCE We're thrilled to share an insightful article featured in OneTrust DataGuidance on the [...]
A minute before midnight, focus required! Deadline is 22 January 2024
and Chiara Ferri - Candidate Attorney The Media and Digital Platforms Market Inquiry ("the Inquiry"), which launched in October 2023, [...]
Making the dies count
and Nombulelo Bashe - Candidate Attorney On 21 April 2023 the Governing Body of the Commission for Conciliation, Mediation and [...]
Creditors now empowered to make application to declare directors delinquent
and Khanyisa Tshoba - Candidate Attorney A critical look at Vantage Mezzanine Fund II Partnership and Another v Hopeson and [...]