Workplace harassment is a significant issue, and according to South African law, employers must take proactive measures to prevent it. Taking steps to prevent harassment in the workplace isn’t just about avoiding legal consequences; it’s crucial for fostering psychologically safe workplaces.
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Neglecting to address victimization or bullying allows these issues to take root and corrode your business from the inside out.
Here’s what employers are advised to do in light of the New Code of Good Practice in South Africa: If you are unsure where to start or how to address harassment in the workplace, enlist the help of a professional. This isn’t just about compliance; it’s about protecting your people and safeguarding the business you’ve worked hard to build.
Conduct a Risk Assessment
Take the time to identify historical and current risks of harassment and determine how you will address these risks.
Review Your Policies
Ensure your company policies, including the harassment policy and disciplinary code and procedure, are updated in accordance with the code. Adopt a zero-tolerance approach to harassment and ensure consistency.
Consult Relevant Stakeholders
Involve all applicable stakeholders in the policy review process.
Establish Training and Awareness Programs
Educate employees about their rights and responsibilities under the code and company policies. Ensure that the harassment policy is known to all employees and contractors who interact with the company. Publish the policy on all relevant company platforms and clarify reporting mechanisms. Maintain ongoing awareness of the duty to report harassment.
Establish a Committee
Set up a committee responsible for investigating harassment claims. Ensure the committee is adequately trained and equipped. Consider seeking professional assistance if needed.
Non-Compliance With The Act
In terms of the Act, an employer is deemed to have contravened the Act where it is proved that its employee (the perpetrator) contravened the Act and the employer failed to take the necessary steps to eliminate the harassment.
This means that the employer can be liable to pay damages or compensation to the victim of the harassment. An employer will not be liable if it is able to prove that it did all that was reasonably practical to ensure that there was no harassment in the workplace. You can view the New Code of Good Practice here.
If you need assistance in setting up your workplace harassment policies and plan, contact us.
*The content of this article is intended to provide a general guide to the subject matter and does not constitute legal advice.