A new working code of practice is now in effect in South Africa.
A new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace has become effective in South Africa, and will require a total overhaul of sexual harassment and harassment policies for business in the country, says legal firm, Webber Wentzel.
Acknowledges victims of harassment, including women, men, persons who are part of the LGBTQIA+ community as well as other vulnerable persons who have poor access to labour rights; Clarifies the test for sexual harassment specifically – this includes ‘unwelcome conduct of a sexual nature, whether direct or indirect, that the perpetrator knows or ought to know is not welcome’.The new code also alludes to the creation of an approach to dealing with harassment cases that is not rigid and is more holistic, said Webber Wentzel.
Given the prevalence of all forms of harassment in the workplace, employers must ensure that they take active steps to prevent and eliminate harassment in the workplace lest they become liable for damages in terms of vicarious liability, the firm said.
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