Sexual Harassment
Sexual Harassment
The Labour Act defines sexual harassment as any unwelcome, offensive or importunate sexual advances or requests made by an employer or superior officer or a co-worker, whether the worker is a man or woman.
Although there is no standalone law specifically on sexual harassment at work, the Labour Act requires the employer to take action against harassment at the workplace. If a worker resigns because his/her employer did not take action against sexual harassment at the workplace, such termination amounts to unfair dismissal.
The Criminal Code has a provision on indecent assault, which includes sexual bodily contact with another person without the consent of the other person or sexual violation of the body of that person in any manner not amounting to carnal knowledge or unnatural carnal knowledge. The indecent assault is a liable offence, and on conviction, the perpetrator may have to face an imprisonment term of at least 6 months.
Sources: §15, 63 & 175 of the Labour Act 2003; §103 of the Criminal Code, 1960 (Act 29), last amended by Act 1079 of 2022
