JUNE 2024

FIRST EDITION

FOREWORD

Lilongwe Dairy Limited (MCSL) has developed this Sexual Harassment (SH) Work Policy document hereinafter referred to as the “Policy” which aims at safeguarding employees and people seeking services at this institution, from unwelcome sexual advances and provide them with reporting guidelines. The policy provides ways of handling complaints, action taken against perpetrators and strategies for assisting survivors, including accessing legal remedies.

Lilongwe Dairy Limited has prepared and issued this Sexual Harassment Work Policy as provided for under section 7 of the Gender Equality Act of which the Company has been entrusted to oversee the enforcement of its provisions. The policy is the authoritative and comprehensive guide to tackling sexual harassment at the Company. It provides real and relevant examples for both management and employees of the company in a user-friendly and accessible way so that practical steps can be taken by all to eliminate sexual harassment in the workplace.

The enactment of the 2013 Gender Equality Act (GEA), with specific provisions on the prohibition of sexual harassment in the workplace is a progressive step towards the realization of gender equality and ending sexual harassment in work places. Lilongwe Dairy Limited is committed to see the enforcement of the Gender Equality Act, and in this particular regard, the provision and enforcement of sexual harassment work place policies.

All complaints of sexual harassment shall be taken seriously and treated with respect and confidence. The safeguarding of workers, particularly female workers, starts within the Company itself as custodian of the GEA with this policy which is now in place.

LIST OF ACRONYMS AND ABBREVIATIONS

EAEmployment Act

TCSsTerms and Conditions of Services

HRDHuman Resources Department

MCSLLilongwe Dairy Limited

INTRODUCTION

PREAMBLE

In line with its duties and mandates under the Constitution, the Company has a responsibility to ensure the protection of rights provided for in the Constitution and in the GEA.

MCSL recognizes that all members of staff are entitled to a working environment which is pleasant, professional and promotes due respect of and regard for the rights and feelings of all and whereas romantic or sexual relationships between staffs, colleagues and superiors are not prohibited;

MCSL affirms that sexual harassment is prohibited and constitutes a violation of the fundamental rights, dignity and integrity of a person and creates an environment unsuitable for effective discharge of duties and work responsibilities.

Sexual harassment has been defined, including the contextual wording under the Gender Equality Act, as:

•unwanted sexual attention from a person who knows or ought reasonably to know that such attention is unwanted; or

•implied or expressed promise of reward for complying with a sexually oriented request; or

•implied or expressed threat of reprisal or actual reprisal for refusal to comply with a sexually oriented request; or

•a sexual relationship which constitutes an abuse of power in a relationship of trust; or

•a sexually oriented remark or behavior, which may reasonably be perceived to create a negative psychological and emotional environment for work or study.

A sexual harassment could be verbal, non-verbal, physical or non-physical.

CONTEXT OF SEXUAL HARASSMENT

Behaviors such as conditioning promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature are always wrong.

Unwelcome actions such as the following are inappropriate and depending on the circumstances, may in and of themselves meet the definition of sexual harassment or contribute to a hostile environment in the world of work:

Sexual pranks or repeated sexual teasing, jokes, or innuendo, in person or via e-mail or other communication mode;

Verbal abuse of a sexual nature;

Touching or grabbing of a sexual nature;

Repeatedly standing too close to or brushing up against a person;

Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested;

Giving gifts or leaving objects that are sexually suggestive;

Repeatedly making or posting sexually demeaning or offensive pictures, cartoons, or other materials in the workplace;

Off duty, unwelcome conduct of a sexual nature that affects the work environment. A victim of sexual harassment can be a man or a woman. The victim can be the same sex as the harasser or the opposite sex. The harasser can be a supervisor, co-worker, other directorate employee, or a non-employee who has a business or formal relationship with the Company.

COMMITTEE ON SEXUAL HARASSMENT

A Committee on Sexual Harassment is hereby established.

The Committee shall be responsible for the coordination of an education and awareness program on sexual harassment.

The committee shall receive complaints on sexual harassment and promptly investigate any such complaints or allegations.

The Committee shall provide a hearing platform for any of such allegations both to the person making the allegations and to the harasser. Evidence of any nature shall be produced during such hearings. Notice of such hearing shall be made to both parties in line with the Employment Act (EA) and other relevant applicable laws in Malawi.

The Committee shall upon making a decision, refer the matter to the Human Resources Department (HRD ) who shall be responsible for imposing a penalty on anyone who is found guilty of sexual harassment including disciplinary action provided for in the Disciplinary Code of the Company’s Terms and Conditions of Service (TCSs). However, subject to Section 7 (2) of the Gender Equality Act, a person who makes an allegation of sexual harassment need not exhaust internal procedures before prosecution of the offence can be instituted or civil proceedings can be instituted.

All complaints received shall be handled with confidentiality and the records of the Committee shall remain confidential at all times. The Secretary shall keep the records of the Committee.

The Committee shall submit reports of its activities as per issues happening to the HRD of the Company to be shared with the Management and General Manager.

STRUCTURE

The Committee shall comprise of five (5) members of staff. Members of this committee shall be members of staff who have attained a certain level or grade of seniority and have reputable standing within the Company. The Committee shall comprise of one (1) Human Resource personnel, one (1) member from the Union Executive, three (3) members from Heads of Sections as elected from time to time, one (1) of whom shall be a female member of staff with a reputable standing within the Company and shall be the focal contact person for all female staff in the company appointed by the HRD in consultation with management.

The Committee shall have a Chairperson and a Secretary to be chosen by members of the Committee.

Appointments to this Committee shall be for a period of three (3) years.

Where a member of this Committee is accused of sexual harassment, he or she shall immediately step down and shall not sit in any Committee meeting in which his or her allegation is to be discussed or decided. Subsequently, the Committee shall investigate the allegations made against that member and report to the HRD for their action.

COMPLAINT PROCEDURE GENERAL

The Secretary of the Committee or the focal contact person shall have the primary responsibility to receive all complaints. All complaints shall be in written form. Where a complainant is unable to write effectively, the Secretary of the Committee or the focal contact person shall assist such complainant to reduce the complaint into writing. The focal contact person shall provide advice and support on matters relating to conduct and discipline, including the time frames for processes to a complainant and respondent.

A complaint may be made by either the individual or individuals who have been directly affected by the alleged sexual harassment or by any person who has actual knowledge that sexual harassment has taken place.

The Secretary must, within five (5) working days on receipt of the complaint, arrange a meeting with the complainant in order to obtain information to confirm and clarify the circumstances giving rise to the complaint, and shall refer the matter to the next sitting of the Committee. Where the Committee will not be sitting within ten (10) working days, the officer shall arrange an ad-hoc meeting of the Committee to hear the matter.

The Secretary shall send a copy of the complaint, any additional information obtained from the complainant and a request that the respondent reply to the complaint in writing within five (5) working days. Respondent refers to the person against whom the allegation is made.

If a response is received, the Secretary shall forward a copy of such response to the complainant and the complainant shall have five (5) working days to reply in writing.

Where the response and reply remains unsatisfactory and the complainant still feels aggrieved, the Secretary shall forward the Complaint to the Chairperson of the Committee on Sexual Harassment.

The Complaint shall be accompanied by a copy of all documentation exchanged between the parties with respect to the complaint.

The parties to the allegations shall be notified that the allegation has been submitted to the Committee.

The Committee shall with due notice, invite the complainant and the respondent to appear before it to submit any additional pertinent documentation and make oral submissions. Such meeting shall be held on a mutually convenient date, but in any event within twenty (20) working days of the submission of the Complaint to the Committee.

The Committee shall determine whether the acts complained of constitute sexual harassment in line with the Gender Equality Act and, if so recommend appropriate disciplinary action, if any including the penalties in the GEA, the Company’s TCSs and any other relevant applicable laws in Malawi.

recommend any other measures it considers appropriate for remedying

or mitigating any harm or disadvantage suffered by any person as a result of sexual harassment;

recommend prosecution of the offence or civil proceedings be instituted by the complainant in line with section 7 (2) of the GEA.

The report of the Committee must be in writing and a copy sent to the HRD within five (5) working days of their recommendation being made. The report shall include:

•a summary of relevant facts;

•a determination as to whether the acts complained of constitute sexual harassment; and

•recommendations as to appropriate disciplinary action and other measures, which in its opinion are necessary in the circumstances.

The HRD shall deliberate and make a determination on the matter thereafter, such determination shall then be communicated through the Secretary to both parties within ten (10) working days of the report being submitted by the Committee.

APPEALS

Where either of the parties is not satisfied with the decision of the Committee, such party has the right to appeal such a decision by forwarding to the Secretary of the Committee a notice to that effect within ten (10) working days on receipt of the Committee’s report.

The notice of appeal must clearly set out all factors relied on by the party in disputing the recommendation made.

The appeal shall be directed to the HRD, copy the General Manager if he/she is not a party in the matter.

The HRD shall review all the material considered by the Committee as well as all other material filed to determine whether the grounds of appeal reasonably establish that the Committee was in error in making its recommendation.

The HRD shall notify the parties in writing of its decision within five (5) working days.

If the HRD confirms the Committee’s recommendation, the complaint file shall appeal to the General Manager. After the appeal to the general Manager the case shall be closed and no further action shall be taken by the complainant pursuant to this policy save for judicial recourse by instituting legal proceedings against the harasser.

Nothing in this policy prevents a complainant from seeking redress in any Court of Law in addition to or instead of following the procedures outlined above. The investigations and framework conducted pursuant to this Policy is independent of any other investigation carried out by an outside agency.

DESCIPLINARY ACTION

For the purpose of this policy, disciplinary action shall include but not limited; to an apology, reprimand, suspension, expulsion or dismissal, depending on the seriousness of the conduct, the respondent’s position, the respondent’s prior record and any mitigating factors. The Complainant is at liberty to institute civil proceedings to claim remedies for sexual harassment.

CONFIDENTIALITY OF RECORDS

Any complaint received pursuant to this policy shall be considered strictly confidential and all committee members have the duty to take all necessary steps to maintain such confidentiality. In particular, but without limiting the generality of the foregoing, the Committee must ensure that:

•Any reports from the Secretary or reports of the Committee required to be made public shall be amended to protect the identity of the complainant and of the respondent;

•All procedures and deliberations of the Committee and the HRD be held in camera.

RIGHTS OF THE COMPLAINANT AND THE RESPONDENT

The filing of a complaint on sexual harassment is the right of every member of staff or person accessing the Company’s services or any service provider and may be exercised without fear of reprisal or threat thereof.

The mere fact that a complaint has been filed against an individual does not, in and of itself, constitute grounds for disciplinary action against that individual unless sexual harassment claims have been proved against such individual.

The rights of a complainant include section 7 (2) of the Gender Equality Act, which provides that a person may skip internal disciplinary procedures and commence criminal prosecution or institute civil proceedings against the harasser.

ANNEX 1: SEXUAL HARASSMENT COMPLAINT FORM

Sexual Harassment Complaint Form

REPORTING PERSON

Date …………………………….

Name .....................................

Department ………………………………………………………………….

Position………………………………………………………………………..

Phone Number(s):…….....................……………………………………..

E-mail address:…………………………….....................…………………

RESPONDENT

Name of the person who harassed you

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Department ……………………………………………………………………

Position of the Respondent

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STATEMENT OF EVENTS PROVIDED BY COMPLAINANT OR REPORTING PERSON

Please provide a detailed statement of the incident, including dates, what happened, place(s) the incident took place and the number of times it has occurred. Please attach additional sheets as needed.

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Did anyone witness the incident(s)? If so, please list their names.

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3.3. Do you have any evidence on this? ........................................................................................................................................................................................................

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What was your response or reaction to this situation or incident?

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How has this situation or incident affected you at work or expected service delivery at Lilongwe Dairyiry Limited?

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COMPLAINT RECORDER

Name

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Designation

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Date and time of Complaint Intake

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