Sexual harassment
The South African Labour Research Service estimates that one in four women will experience sexual harassment at work at some time during their career. Sexual harassment is unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equality in the workplace. It is not defined as abuse of women – men can also be sexually harassed – but it is predominantly perpetrated against women by men.
The conduct must be unwelcome for it to be considered sexual harassment. This can be indicated verbally or non-verbally. Even if the conduct was previously welcomed or participatory, if it has become unwelcome, a complaint of sexual harassment is valid.
Employer obligations
The Employment Equity Act, 1998 (EEA) prohibits unfair discrimination against an employee on multiple grounds, including race, gender, sex, marital status, and more. All forms of harassment are considered a form of unfair discrimination. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (the Code) applies to all employers and employees as provided for in the EEA and aims to eliminate all forms of harassment in the workplace by providing guidance on the policies and procedures to be implemented when harassment occurs. Employers must ensure their policy environment takes heed of the Code.
Other types of harassment
Sexual harassment is only one type of harassment. Behaviour that is considered harassment can be verbal, physical, or psychological in nature. Bullying at school is personal harassment. People with disabilities may experience harassment in the form of mockery or teasing. Harassment may also include stalking, watching, pursuing or accosting the complainant or related person, or cyber harassment.
Online harassment
Cyber harassment is any kind of uncomfortable online behaviour and includes cyberstalking and cyberbullying. It is on the increase as social media and electronic messaging platforms become more and more influential parts of our lives. Whether or not you feel threatened, any type of inappropriate online behaviour is cyber harassment and does not have to be tolerated.
Protection from harassment
The Protection Against Harassment Act 17 of 2011 was enacted to provide a remedy for victims of harassment. The law offers the means to seek relief from harassment through a protection order. If you are being harassed, you can apply for a Harassment Protection Order in court. If you are being harassed in a domestic relationship, you should apply instead for a Domestic Violence Protection Order.
To apply for a Harassment Protection Order you must lodge the application form, together with a supporting affidavit and all relevant annexures, with the clerk of the Magistrate Court, who must immediately submit the application and affidavits to the court.
The Act covers not only physical stalking but also harassment through electronic communications. There is no need to provide evidence that violence has occurred, and no relationship is required. The Act signifies a strong commitment to protecting individuals from all forms of harassment, including cyber harassment. It is a comprehensive piece of legislation for the protection of personal rights and dignity.
Seek legal advice
If you are a victim of harassment, the law is there to protect you. We can help if you need professional assistance to determine if the behaviour you are experiencing is harassment, or help with your application for a protection order.
At SD Law and Associates Inc we understand how distressing harassment can be. We have deep experience of helping both women and men escape abuse and harassment. Contact Simon on 086 099 5146 or sdippenaar@sdlaw.co.za.