Sexual Harassment
Gender-based violence and harassment in the workplace, as defined by the Labour Act, includes acts of violence, harassment, and sexual harassment targeting individuals because of their sex, gender, or gender identity It applies to a broad range of people, including:
- employees (regardless of their contractual status),
- interns, probationary staff, job applicants,
- managers, supervisors, clients,and contractors.
According to the 2024 Labour Act, any act of violence and harassment, including sexual harassment, which results in physical, sexual, psychological, or economic harm is considered misconduct and strictly prohibited. This includes:
- intimidation or threats of such acts,
- coercion, sexual exploitation,
- bullying, stalking or deprivation of liberty committed against a person.
Misconduct is treated as an unfair labour practice if the employer fails to take appropriate steps to prevent violence and harassment at the workplace. Employers are further required to ensure appropriate enforcement mechanisms, such as:
- clear workplace policy prohibiting sexual harassment
- anonymous reporting mechanism,
- investigation of complaints and disciplinary action against perpetrators
- remedies (counselling services, paid leave, training sessions for all employees on prevention of workplace harassment)
Sexual harassment is regarded as unfair labour practice in the Labour Act, and in such a case, the appropriate punishment is determined by the Labour Court.
Any person who offers employment, threatens dismissal, threatens the imposition of any other penalty against another person in the course of employment as a means of obtaining sexual favours or who harasses workers sexually commits an unfair labour practice.
Source: §07 & 206 of the Labour Act, 2024 (Act No. 3 of 2024)
