In line with the Code of Goodas Practice on harassment whether of a sexual nature or gender based, within the 1998 Employment Equity Act, the Company recognises sexual harassment as a form of unfair discrimination. We are committed to eliminating all forms of discrimination in the workplace and to creating a workplace where the dignity of all employees is respected.
This document is intended to increase awareness as to the definition of sexual harassment and to outline an appropriate procedure for dealing with such cases as well as issue guideline penalties that may be applied should an employee be found guilty of sexual harassment.
The definition of sexual harassment that will be applied is: Unwanted conduct of a sexual nature.
The following should be used as a guideline to interpreting the definition. Sexual attention becomes sexual harassment if:
Sexual Harassment can take a number of forms and may include unwelcome conduct of a physical, verbal or non-verbal nature. Physical conduct ranges from touching to sexual assault and rape. Verbal and non-verbal conduct can include for example, unwelcome sexual innuendoes, suggestions, hints, comments, gestures, jokes and advances as well as the unwanted display of sexually explicit images and objects. Sexual Harassment also includes situations where the perpetrator uses a position of authority as a means of persuasion.
Employees who have been or are being subjected to sexual harassment in the workplace have the right to lodge a grievance in this regard. Employees are encouraged to report any incidences of sexual harassment immediately. Employees can be assured that the allegations made will be investigated sensitively and confidentially. Should an employee wish to seek advice regarding how to handle an incidence of sexual harassment or should s/he wish for the matter to be dealt with on an informal basis before proceeding to a formal grievance, s/he may consult a member of Management in confidence.
If any party is dissatisfied with the manner in which a complaint has been handled internally, the matter may be referred to the CCMA for conciliation.
Sexual harassment is considered serious misconduct, which warrants summary dismissal.
It is considered serious misconduct to victimise or to retaliate against an employee who lodges a grievance of sexual harassment. The penalty for such an offence is dismissal. Likewise, it is a serious misconduct to lodge a false accusation against another employee and such misconduct also warrants dismissal.
