Women in built
HARASSMENT IN THE WORKPLACE
- ADDRESSING AN ELEPHANT IN THE ROOM
By Lucinda Alfonica , commercial manager at Workforce Staffing
Intended to make the victim feel uncomfortable , harassment in the workplace does not only affect permanently employed individuals , but also those temporarily employed .
Despite common misconceptions , harassment in the workplace is not limited to unwanted attention of a physical nature . It also occurs when an individual is belittled , shown hostility , or is subjected to unwelcome conduct from a co-worker or supervisor . Today , in the employment environment harassment will apply to all persons , no matter their contractual link to a company .
Although many victims of workplace harassment think they would recognise such misconduct and report it to those in charge , harassment often leaves people in an uncomfortable and confusing predicament . In fact , many victims fail to report it out of fear of retribution or losing their job , while others are unsure of what conduct constitutes harassment .
Given that the implications for an organisation are farreaching , it is essential that harassment is dealt with swiftly , sensitively and in accordance with workplace equality legislation . Here employment services partners ( TES particularly ) are wellequipped to handle the entire human relations process where harassment is involved .
LEGISLATIVE CHANGES Effective from March 2022 and published in line with the Employment Equity Act ( EEA ), the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace has repealed the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace .
Previously , only sexual harassment in the workplace was recognised by legislation , whereas now , the definition of harassment has been codified as unwanted or unwelcome conduct that impairs an individual ’ s dignity , creating a hostile work environment .
UNFAIR DISCRIMINATION Furthermore , the new Code also recognises that harassment is conduct that relates to one or more of the listed grounds of discrimination , prohibited by section 6 ( 1 ) of the EEA , including race , religion , sexual orientation , gender and so forth .
Harassment can take many forms , including violence , physical abuse , psychological abuse , emotional abuse , sexual abuse , gender-based abuse and racial abuse . It includes the use of physical force or power , whether threatened or actual , against another person or against a group or community .
The Code specifically brings in bullying and name calling , leaving no uncertainty or room for perpetrators to claim that they were ‘ only acting in jest , and didn ’ t mean any harm ’.
Additionally , the intersection of factors such as race , religion , gender , or disability increases the risk of harassment in the workplace and employers are under an obligation to take proactive and remedial steps to prevent all forms of harassment in their workplace .
In terms of the Code , this includes assessing the risk of harassment to employees , implementing an appropriate policy addressing harassment , conducting training to educate employees about the various forms of harassment and implementing ongoing awareness programmes .
PROACTIVE OBLIGATION WITH SERIOUS IMPLICATIONS Section 60 of the EEA places a positive obligation on employers to take complaints of harassment seriously and deal with them as quickly and reasonably as possible . In ignoring , overlooking , or downplaying a complaint , an employer can be held vicariously liable by the CCMA for unfair discrimination and failing to provide a safe workplace .
www . refrigerationandaircon . co . za RACA Journal I September 2022 47