Employment Equity Act, 1998 (Act No. 55 of 1998)Code of Good PracticeCode of Good Practice on the Prevention and Elimination of Harassment in the WorkplaceII - Procedural Issues11. Confidentiality |
| 11.1 | Employers and employees must ensure that grievances about harassment are investigated and handled in a manner that ensures that the identities of the persons involved are kept confidential for the purpose of protecting the confidentiality of all parties involved. |
| 11.2 | All internal and external communications related to an incident of harassment should be treated as confidential. |
| 11.3 | Considerations of confidentiality do not preclude an employer from taking appropriate steps to protect the safety or dignity of employees, either during the conduct of the investigation or subsequently. |
| 11.4 | In cases of sexual harassment, management, employees and the parties concerned must endeavour to ensure confidentiality in the disciplinary inquiry. Only management designated to handling disciplinary cases as well as the aggrieved person, representatives, the alleged perpetrator, witnesses when giving evidence and an interpreter, if required, should be present in the disciplinary inquiry. |
| 11.5 | Employers are required to disclose to the complainant, the perpetrator and/or their representatives, all relevant information as may be reasonably necessary to enable the parties to prepare for any proceedings in terms of this Code. |