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

Code of Good Practice

Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace

2. Application of the code

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2.1	Although this code applies to the working environment1 as a guide to employers, employees and applicants for employment, the perpetrators and victims of sexual harassment may include:

2.1.1

owners

2.1.2

employers

2.1.3

managers

2.1.4

supervisors

2.1.5

employees

2.1.6

job applicants

2.1.7

clients

2.1.8

suppliers

2.1.9

contractors

2.1.10

others having dealings with a business

2.2	Nothing in 2.1 above confers the authority or obligation on employers to take disciplinary action in respect of non-employees.

2.3	A non-employee who is a victim of sexual harassment may lodge a grievance with the employer of the harasser, where the harassment has taken place in the workplace or in the course of the harasser's employment2.

2.4	Where the term "employee" is used in this code, it will be deemed to include applicants for employment.

1	Where sexual harassment occurs outside of the working environment, regard should be had to the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000.

2	Where sexual harassment occurs outside of the working environment, regard should be had to the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000.