Women in built
In terms of the Employment Equity Act , companies need to be issued an employment equity compliance certificate , particularly to apply for tenders and to do business with the state . This certificate is only valid for one year , and where an employer fails to act on a case of harassment and the CCMA rules against the employer for unfair discrimination , the employer will not qualify for that certificate where there has been an unfair discrimination ruling against them in the past 12 months .
In addition to the employer being held vicariously liable for the employee ’ s harassment , failure to obtain the employment equity compliance certificate will drastically affect the organisation ’ s business opportunities with the state , and other private entities that have their own employment equity requirements .
ADDRESSING THE RISK OF WORKPLACE HARASSMENT For this reason , it makes sense for businesses to partner with providers to meet their resource requirements . Not only do TES providers deal with all the on-boarding and legal requirements associated with labour , but also the industrial relations and human relations aspects of the employment relationship .
Where a worker feels that they have been subjected to workplace harassment , they can approach the TES provider to act as an intermediary . The TES provider should reassure the complainant about the confidentiality of the matter , and that they will not face job losses or adverse consequences in lodging a complaint of harassment .
Trained experts are available through this channel that can deal with sensitive matters such as harassment complaints , and in consultation with the complainant , will determine whether the complaint is to be dealt with formally or informally . The TES provider is empowered to follow a formal process , despite a complainant requesting an informal process , depending on the gravity of the allegation , bearing in mind the obligation to provide a safe workplace for all employees .
Where individuals are uncomfortable with lodging the complaint personally , it is possible for them to approach a trusted colleague or union representative to lodge the complaint on their behalf .
With proper education and awareness of what constitutes harassment , it becomes easier for individuals to know what their rights are within the workplace . Everyone is entitled to a working environment in which they are safe from physical harm , and their dignity is not impaired , and employers have a positive obligation to ensure that they deliver accordingly . RACA
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RACA Journal I September 2022 www . refrigerationandaircon . co . za