Workplace Harassment Laws: Evolution, Implementation, and Employer Obligations

Introduction

Workplace harassment remains a critical issue in South African workplaces, with its implications resonating through the social and economic fabric of the country. This article examines the evolution of workplace harassment laws in South Africa, the implementation of training programs, and the obligations that employers have to create and maintain a safe working environment.

1. The Evolution of Harassment Laws

The legal framework for addressing workplace harassment in South Africa has evolved significantly over the years. The cornerstone of this evolution can be traced back to the Constitution of the Republic of South Africa (1996), which enshrines the right to human dignity (Section 10) and the right to equality (Section 9). These rights form the basis upon which anti-harassment laws have been developed.

Legislative Framework

1. The Employment Equity Act, 1998 (EEA): The EEA prohibits unfair discrimination and promotes equal opportunity in the workplace. Specifically, Section 6 of the Act provides employees protection against harassment, including sexual harassment.

2. The Labour Relations Act, 1995 (LRA): The LRA facilitates collective bargaining and provides a framework for addressing disputes in the workplace, including those concerning harassment and unfair practices.

3. The Protection from Harassment Act, 2011: This Act enables victims of harassment to seek protection orders from the courts. It is especially significant as it offers safeguards against harassment that may extend beyond the workplace.

A well-known South African case that underscores employer accountability in preventing harassment and ensuring employees feel safe reporting such incidents is Liberty Group Ltd v M (2017) 38 ILJ 1318 (LAC). This case highlights the importance of employer accountability in preventing harassment and ensuring that employees feel safe to report such incidents. Employers must take proactive measures to create a safe working environment and respond effectively to harassment complaints.

2. Implementation of Training Programs

In line with the legal obligations imposed by the EEA and best practices in human resource management, many South African companies have been proactive in implementing training programs aimed at addressing workplace harassment.

Objectives of Training Programs

1. Awareness Raising: Training programs inform employees about what constitutes harassment, including sexual, verbal, and psychological harassment.
2. Reporting Mechanisms: Effective training ensures that employees understand the processes for reporting harassment, thus encouraging a culture of accountability and transparency.
3. Preventative Measures: Training equips employees with skills to identify and prevent potential harassment situations before they escalate.
4. Creating a Respectful Workplace Culture: Training fosters mutual respect among colleagues, enhancing teamwork and productivity.

Employers are encouraged to implement regular workshops and seminars that engage employees actively in discussions regarding workplace behaviour and the implications of harassment.

3. Employer Obligations

South African employers have a legal and moral obligation to create a safe working environment. The following summarize key obligations under the law:

1. Develop Clear Policies: Employers must develop and implement anti-harassment policies that align with legislative requirements. These policies should be easily accessible to all employees.
2. Conduct Investigations: Employers are legally required to conduct a thorough investigation upon receiving a complaint of harassment. Failure to do so can result in liability for damages.
3. Maintain Confidentiality: When addressing harassment complaints, employers should maintain the confidentiality of involved parties to protect them from any repercussions.
4. Take Action Against Offenders: If harassment is substantiated, employers must take appropriate disciplinary action against the offending employee to discourage future incidents.
5. Provide Support to Victims: Employers should offer support mechanisms, such as counseling services, to employees affected by harassment.

Conclusion

The landscape of workplace harassment laws in South Africa has evolved significantly, mandating a proactive stance from employers to create a safe and respectful working environment. Through comprehensive training programs and stringent adherence to legal obligations, organizations can foster a culture of respect and equality. With ongoing societal shifts and increased awareness, both employers and employees must ensure that workplaces remain free from harassment, thereby promoting not only compliance with the law but also a thriving work environment conducive to productivity and personal growth.

For further assistance, consult an attorney at SchoemanLaw.