Code of good practice (“the Code”) // HARASSMENT POLICY
With effect from 18 March 2022 the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the workplace was repealed and replaced with the Code.
The Code provides guidelines to employers and employees on the prevention and elimination of all forms of harassment in the workplace and on human resources policies, procedures and practices related to harassment and appropriate procedures to deal with harassment.
Employers are under obligation in terms of the Employment Equity Act (“the Act”) to take proactive and remedial steps to prevent and address all forms of harassment in the workplace. This includes an assessment of the risk of harassment that employees are exposed to while performing their duties and to eliminate same, as far as is reasonably practicable.
In terms of the Code employers should adopt a harassment policy, which should take cognizance of and be guided by the provisions of the Code. Employers are also obliged to develop clear procedures to deal with harassment in terms of the Act. The harassment policy, should, among other factors, be taken into consideration in determining whether the employer has discharged its obligations, in accordance with the provisions of section 60 of the Act which deals with the liability of employers, that it did all that was reasonably practicable to ensure that its employees would not act in contravention of this Act.
Should employers require assistance or advice to update their current (sexual) harassment policy alternatively, draft a new harassment policy, please feel free to contact me at deondeb@lantic.net or 083 442 1356.
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