LEGAL MATTERS BY SILKE RATHBONE, PRINCIPAL PARTNER, LABOUREXCEL
SOUTH AFRICAN EMPLOYMENT LAW VS.
Domestic Violence Act “South Africa holds the tragic distinction of being one of the most unsafe places in the world to be a woman. We have the highest rates of intimate partner violence, and recently released data from Statistics SA show that rape and sexual violence have become hyperendemic. This is a scourge that affects us all: young and old, black or white, rich and poor, queer or cis, rural or urban. It pervades every sphere of our society.” — The National Strategic Plan On Gender-Based Violence And Femicide
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hile you, as the employer, cannot take much control over what happens in your employees’ home life and outside of the workplace, you can instil a culture of zero-tolerance when it comes to gender-based violence and femicide.
For too long many have been silent. For too long have many sat back, thrown up their hands and declared that there was nothing they could do. However, we have a different stance on this. By speaking about it freely, by ensuring all people you work with and come into contact with are educated on the subject, you can make a really big difference.
As an upstanding citizen and business owner, you, too, can make your mark HOW CAN AN EMPLOYER HELP? The Employment Equity Act of 1988 (Act 55 of 1998) lays down very nicely what good practise should be in preventing and eliminating violence and harassment in the world of work.
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To keep this simple and to the point, we have bulleted the most salient points you can implement into either your workplace culture or, even better yet, your company policy. The Notice 1367 of 1998 of the National economic development and labour council - Labour Relations Act, 1995 - Notice of good practice on handling sexual harassment cases also assists here with good governance on the subject. •
All employers should look to creating a working environment where, above all else, respect is top of mind. This alone will help those who are possibly part of abusive home life or bullying of a particular manner.
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Having an open-door culture and clear acceptance will allow