Dear Clients 

The Code became effective 18 March 2022. The previous (amended) Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace (2005) was simultaneously repealed.

It is not clear as to what extent the new Code considered and / or replaces the Draft Code of Good Practice on the Presentation and Elimination of Violence and Harassment in the World of Work, published for comment on 20 August 2020.

The Code addresses and provides guidance on the prevention and elimination of all forms of harassment as a form of unfair discrimination in the workplace, as well as on the development of appropriate procedures to deal with harassment and prevent its recurrence.

The Code protects employees as well as applicants for employments. Perpetrators and victims of harassment may also be persons other than employers and employees, such as owners, contractors, suppliers and customers.

“Harassment” is clarified to include unwanted conduct which impairs dignity, or which creates a hostile or intimidating work environment, based on or related to one or more of the grounds in respect of which discrimination is prohibited in terms of section 6(1) of the EEA.

Employers are under an obligation to take proactive and remedial steps to prevent all forms of harassment in the workplace. Failing to do so may result in the employer being found vicariously liable for any harassment perpetrated. Compensation and damages claims apply.

The adoption, realignment and communication of harassment policies, together with clear procedures to deal with harassment in the workplace, will need to be revisited.

Education and training programmes are required.

The Code contemplates increased sick leave being considered in appropriate circumstances, and, if sick leave continues for a period in excess of two weeks, the employee may be able to claim an illness benefit in terms of the UIA, 2001.  

For more information contact one of our experienced consultants. 

Kid regards

Kusile Consulting Services 

011 609 2630

Gavin Mulvenna - 082 891 7093

Tanya Barnard - 082 328 7101