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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace

II - Procedural Issues

9. Harassment Policies

 

9.1 Employers should, subject to any existing collective agreements and applicable statutory provisions in respect of harassment, adopt a harassment policy, which should take cognisance of and be guided by the provisions of this Code.

 

9.2 The contents of harassment policies should be communicated effectively to all employees.

 

9.3 The adoption of a harassment policy and the communication of the contents of the policy to employees, should, amongst other factors, be taken into consideration in determining whether the employer has discharged its obligations in accordance with the provisions of section 60(2) of the EEA.

 

9.4 Harassment policies should substantially comply with the provisions of this Code and include at least the following statements:
9.4.1 Harassment, including acts of violence, will not be tolerated in the workplace.
9.4.2 Harassment on a prohibited ground is a form of unfair discrimination which infringes the rights of the complainant and constitutes a barrier to equality in the workplace.
9.4.3 Harassment related to any prohibited ground in the workplace will not be permitted, tolerated or condoned.
9.4.4 Grievances about harassment will be investigated and handled in a confidential manner.
9.4.5 Complainants in harassment matters have the right to follow the procedures in the policy and appropriate action must be taken by the employer.
9.4.6 It will be a disciplinary offence to victimize or retaliate against an employee who, in good faith, lodges a grievance about harassment, whether in respect of themselves or another employee.

 

9.5 The procedures to be followed by a complainant of harassment and by an employer when harassment is alleged, should be outlined in the policy.

 

9.6 The availability of counselling, treatment, care and support programs for employees should be outlined in the policy.