The Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace
The Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace
The Minister of Employment and Labour published the “Code of Good Practice on the Prevention of Elimination of Harassment in the Workplace” (“Harassment code”), effective 18 March 2022.
The objective of the Harassment code is to “eliminate all forms of harassment in the workplace”.
The Harassment code provides guidelines to employers and employees on the “prevention, elimination and management of all forms of harassment in the workplace as a form of unfair discrimination and (b) on human resources policies, procedures and practices related to harassment and appropriate procedures to deal with harassment and prevent its recurrence.”
Application of the Code
The Harassment code applies to all employers and employees, as provided for in the Employment Equity Act, 1998 (EEA); as well as ‘applicants for employment’.
Although the Harassment code applies to the working environment, it recognises that perpetrators and victims of harassment may be persons other than employers, employees and applicants for employment such as clients, customers, job seekers, contractors and volunteers.
The Harassment code regulates different types of ‘substantive’ and procedural’ aspects.
Substantively, clarity is given on what constitutes harassment. Harassment is “generally understood to be (a) unwanted conduct, which impairs dignity, (b) which creates a hostile or intimidating work environment for one or more employees or is calculated to, or has the effect of inducing submission by actual or threatened adverse consequences and (c) is related to one or more grounds in respect of which discrimination is prohibited in terms of section 6(1) of the EEA.
Procedurally, it is made clear that employers are under an obligation, in terms of the EEA, to “take proactive and remedial steps to prevent all forms of harassment in the workplace”.
Importance of the Code
The introduction of the Harassment code should be important for employers to assess their current policies and procedures in place to address harassment in the workplace and ensure they meet the requirements as set out in the Harassment Code.
