Workplace Harassment: New legal changes

Workplace Harassment: New legal changes

Harassment in the workplace has always been a big talking point amongst workers and management alike. It is a touchy subject - but it does need airtime.

So, one can see that the law now covers a broad spectrum– it delves into the more profound and often overlooked aspects of all that harassment entails.

Recently, the laws on dealing with harassment in the workplace were adjusted, adding broader approaches. The changes to the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace deal with:

• How to handle extra sick leave and trauma counselling

• Belittling comments

• Racial harassment

• Stereotyping

• People working from home and dealing with work-related communication

• Domestic workers, who are now included

• Harassment by bosses and by colleagues, visitors and clients

• Surveillance of employees without their knowledge

• Passive-aggressive behaviour, which has to do with what you do with your facial expressions

• Negative commenting and sarcasm

So, one can see that the law now covers a broad spectrum– it delves into the more profound and often overlooked aspects of all that harassment entails.

“The South African Constitution protects the rights to dignity, equality, and fair labour practices in terms of the Bill of Rights. South Africa is committed to the elimination, prevention, and management of all forms of harassment, including genderbased harassment in the workplace, with the aim to create safe workplaces that are free of harassment.

The Employment Equity Act, 1998 (EEA) regulates workplace equity. Section 6(1) prohibits unfair discrimination directly or indirectly, against an employee, in any employment policy or practice … including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth, or on any other arbitrary ground.” - From the Government Gazette, 18 March 2022. •

LabourExcel specialises in offering a variety of Labour Law and HR Solutions. Silke Rathbone, one of the Principal Partners, has crafted and honed her skillset and assists corporates and individuals along the Labour journey to ensure they understand what is required of them at all levels. •