The Department of Employment and Labour has warned businesses and employees in South Africa that there is no room for sexual harassment in the workplace, with authorities increasingly clamping down on misconduct cases.<\/p>\n
Tina Roos, director for employee relations at the department, said the key consideration with a misconduct claim is whether a comment or conduct made the victim feel uncomfortable. “Sexual misconduct doesn\u2019t belong in the workplace. If you are doing it, please stop. We are not here for special favours and may I remind you that a workplace is a professional place,” she said.<\/p>\n
Roos said that some of the most comments and gestures associated with sexual harassment were:<\/p>\n
Turning to challenges facing the department, Roos said capacity affected the ability of the unit to service clients effectively. Equally frustrating was the unavailability of officials to testify in disciplinary or arbitration cases, she said.<\/p>\n
Code of conduct<\/strong><\/p>\n In March 2022, Employment and Labour minister Thulas Nxesi published the Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Code) in the government gazette.<\/p>\n The code lists four forms of violence and harassment in the workplace. These are:<\/p>\n Sexual violence and harassment<\/strong><\/p>\n This includes any conduct that the person knows (or should know) is not welcome, offends the complainant or makes the complainant feel uncomfortable, and interferes with work. T<\/p>\n The code lists various forms of conduct which would amount to sexual violence and harassment, including unwanted sexual attention and quid pro quo sexual harassment.<\/p>\n The code also compels employers to consider further factors in a matter involving sexual violence and harassment. These factors include whether the conduct was unwelcome; the nature and extent of the conduct; and the impact of the conduct.<\/p>\n Racial, Ethnic, or Social origin violence and harassment<\/strong><\/p>\n In terms of the code, racial violence and harassment are types of conduct that demean, humiliate or create a hostile or intimidating work environment for a complainant.<\/p>\n This may include conduct that (1) intends to induce submission based on actual or threatened adverse consequences for the complainant and (2) relates to a person\u2019s membership of a group.<\/p>\n Abusive language and racist jokes, racially offensive material, racist name-calling, negative stereotyping, offensive behaviour creating hostility, exclusion from workplace interaction and activities, and marginalisation and threatening behaviour fall under this form of violence and harassment.<\/p>\n Workplace bullying<\/strong><\/p>\n Workplace bullying is unwanted persistent conduct (or a single incident), which is serious and demeans, humiliates, or creates a hostile or intimidating work environment.<\/p>\n This conduct includes a wide range of insulting, demeaning or intimidating behaviours that lower the self-esteem or self-confidence of an employee.<\/p>\n Some examples of workplace bullying include harassing; offending, professionally or socially excluding someone, or negatively affecting their work tasks.<\/p>\n
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