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South Africa: Harassment in the workplace
The Minister of Employment and Labour has published the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (the Code) in terms of the Employment Equity Act (EEA). The Code be-
Employers to take note of their obligations under the new Code of Good Practice
came effective on 18 March 2022 and repealed the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace. The publication of the Code follows the ratification by South Africa of the International Labour Organisation’s Convention on the Elimination of Violence and Harassment in the World of Work in November 2021. The Convention obliges ratifying states to adopt an inclusive, integrated and gender-responsive approach to violence and harassment in the workplace. The Code accordingly seeks to address the elimination and prevention of all forms of harassment (and not just sexual harassment) that pervade the workplace and is guided by the Convention.
Key take-aways for employers The Code provides guidance to employers and employees on the elimination and prevention of harassment as a form of unfair discrimination in the workplace. In this regard, the eight key take-aways from the Code are as follows: 1. The Code applies to all employers and employees irrespective of whether they operate in the formal or informal sector. In determining whether a person is an employee for purposes of the Code, the presumption in section 200A of the Labour Relations Act is applicable. Volunteers and applicants for employment also fall within the definition of an employee. 2. Perpetrators and victims of harassment extend
beyond
employers managers,
and job
just may
employees include
and
owners,
applicants,
interns,
apprentices, volunteers, clients, customers, suppliers,
contractors
and
any
other
persons having dealings with a business.
