Under the Employment Equity Act, the Minister of Employment and Labour has published on 03 March 2022 the new: CODE OF GOOD PRACTICE ON THE PREVENTION AND ELIMINATION OF HARASSMENT IN THE WORKPLACE. This new Code has repealed the Code on handling Sexual Harassment in the Workplace. Please see attached.
The new Code is much broader and covers all forms of harassment against women, men, LGBTQIA+ and vulnerable persons in the Workplace. In addition, the new Code provides guidelines on the prevention and elimination of all forms of harassment as a form of unfair discrimination and the human resource policies, procedures and practices related to harassment and appropriate procedures to deal with harassment and prevent its recurrence.
All Employers need to become aware of the new Code. It contains obligations under the EEA that an Employer must adhere to, failing which will render the employer vicariously liable for the employee’s conduct in terms of Section 60 of the EEA. This is the case even if the harassment consists of a single incident.
Should you require any assistance or training in unpacking the new Code or amendment to your current policies, please email Sharusha Moodley.