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 Issues8. Guiding Principles on the Prevention, Elimination and Management of Harassment |
| 8.1 | Employers are under obligation in terms of Section 60 of the EEA to take proactive and remedial steps to prevent all forms of harassment in the workplace. This includes an assessment of the risk of harassment that employees are exposed to while performing their duties as far as is reasonably practicable. |
| 8.2 | Employers should have an attitude of zero-tolerance towards harassment. They should create and maintain a working environment in which the dignity of employees are respected. A climate in the workplace should also be created and maintained in which employees who raise complaints about harassment will not feel that their grievances are ignored or trivialized, or fear reprisals. Implementing the following guidelines can assist in achieving these ends: |
| 8.2.1 | Employers and trade unions/employees are obligated to refrain from committing harassment. |
| 8.2.2 | All employers and trade unions/employees have a role to play in contributing towards creating and maintaining a working environment in which harassment is unacceptable. They should ensure that their standards of conduct do not cause offence and they should discourage unacceptable behaviour on the part of others. |
| 8.2.3 | Employers should attempt to ensure that persons such as customers, suppliers, job applicants and others who have dealings with the business are not subjected to harassment by its employees or any person representing the employer. |
| 8.2.4 | Employers should attempt to ensure that employees in their employ are not subjected to harassment by third parties such as clients, customers, suppliers or others who have dealings with the employer. |
| 8.2.5 | Policies and procedures adopted by an employer should provide a clear statement of the employer's position regarding the prevention, elimination, and management of the various forms of harassment in the workplace. |
| 8.2.6 | Employers, where applicable, jointly with trade unions, must implement awareness training initiatives to educate employees at all levels about harassment to reinforce and maintain compliance through ongoing awareness programmes. |
| 8.2.7 | Employers should take appropriate action in accordance with this Code where instances of harassment occur in the working environment. |