8 June, 2022 In News

PROPOSED EMPLOYMENT LAW DEVELOPMENTS PART III

THE VIOLENCE & HARASSMENT CODE

On 18 March 2022 the Code of Good Practice on the Prevention and Elimination of Harassment
in the Workplace (The Violence & Harassment Code) came into effect. It replaces the former Code of Good Practice on Handling Sexual Harassment Cases in the Workplace and seeks to provide more detail to the section 6(2) prohibition on harassment as a form of unfair discrimination in the Employment Equity Act, 1998. Its application is broad, covering the actions of employers, employees, clients, customers, and other third parties with whom an employer conducts business.

In terms of the code, employers now have duties to prevent harassment, take disciplinary steps and action when it happens and assist and support victims of harassment.

A note on the Violence & Harassment Code:

The Violence & Harassment Code defines certain forms of violence and harassment in the workplace:

Racial, ethnic, or social-origin violence and harassment:

  • Types of conduct that serve to demean, humiliate or create a hostile or intimidating work environment for a complainant.
  • The above includes conduct which:
  • Intends to induce submission based on actual or threatened adverse consequences for the complainant; and
  • Relates to a person’s membership of a group.
  • Specific conduct could include: abusive language and racist jokes, racially offensive material, racist name calling, negative stereotyping, offensive behaviour that creates hostility, exclusion from workplace interaction and activities, marginalisation and threatening behaviour.

Workplace bullying:

  • Unwanted persistent conduct (or a single incident) which is serious and demeans, humiliates or creates a hostile or intimidating work environment.
  • The above includes: insulting, demeaning or intimidating behaviours that lower the self-esteem or self-confidence of an employee.
  • Specific conduct could include: harassing, offending, professionally or socially excluding someone, or negatively affecting their work tasks.

The Violence & Harassment Code provides proactive and reactive measures which aim to protect and assist potential and actual victims of workplace harassment. This Code is a step towards creating an environment where harassment is not tolerated.