Harassment at work refers to unwanted conduct that demeans, humiliates, or creates a hostile working environment for an employee. It may be verbal, physical, psychological, or sexual in nature. In South Africa, harassment is recognised as a serious violation of employee rights and is prohibited by law.
On this page, you will learn what harassment at work means in South Africa, the laws that govern it, how the legal approach has developed historically, the implications for employers and employees, and the key points everyone should know about handling harassment in the workplace.
@barter.mckellar Protecting Yourself from Harassment: The South African Protection from Harassment Act.#law #lawyer #legaltiktok #legaltips #legal #protect ♬ original sound – Barter McKellar Attorneys
Understanding Harassment at Work in South African Law
The Employment Equity Act 55 of 1998 (EEA) defines harassment as a form of unfair discrimination. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022) provides detailed guidance on identifying, preventing, and addressing harassment.
Types of workplace harassment include:
- Verbal harassment: Insults, offensive jokes, threats, or ridicule.
- Psychological harassment: Bullying, intimidation, or excessive pressure.
- Physical harassment: Unwanted touching, assault, or physical threats.
- Sexual harassment: Unwanted sexual advances, comments, or behaviour of a sexual nature.
Harassment may come from employers, managers, co-workers, or even clients and must be addressed immediately to protect dignity at work.
Historical Development of Harassment Law in South Africa
- Pre-1994: Harassment was often ignored or tolerated in workplaces, with little legal recourse.
- 1996 Constitution: Introduced the right to dignity, equality, and fair labour practices.
- 1998 EEA: Prohibited unfair discrimination, including harassment.
- 2005 Code of Good Practice on Sexual Harassment: Provided the first formal guidelines.
- 2022 Code of Good Practice on Harassment: Broadened protections to all forms of harassment, not only sexual harassment.
Legal Framework Governing Harassment at Work
- Constitution of the Republic of South Africa, 1996 – Guarantees dignity, equality, and fair labour practices.
- Employment Equity Act 55 of 1998 (EEA) – Prohibits harassment as a form of unfair discrimination.
- Labour Relations Act 66 of 1995 (LRA) – Protects employees from unfair dismissal linked to harassment complaints.
- Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022) – Provides practical guidance for employers.
- Case Law and CCMA Awards – Reinforce employer duties to prevent and address harassment.
Implications of Harassment at Work in South Africa
- Employer Duties: Employers must create safe workplaces, adopt anti-harassment policies, and act against offenders.
- Employee Rights: Employees have the right to complain without fear of retaliation.
- Workplace Culture: A failure to address harassment damages trust and productivity.
- Legal Risks: Employers may face CCMA cases, Labour Court claims, or damages if they ignore harassment.
- Victim Protection: Victims of harassment may be entitled to protection measures, counselling, or transfers.
Five Key Points to Consider About Harassment at Work
- Zero Tolerance: All forms of harassment are unlawful.
- Reporting Channels: Employers must provide clear procedures for employees to lodge complaints.
- No Victimisation: Employees cannot be punished for reporting harassment.
- Investigation Required: Employers must investigate complaints promptly and fairly.
- Possible Remedies: Sanctions may include disciplinary action, dismissal of offenders, or damages awards.
Real-Life Example
A female employee receives repeated unwanted sexual comments from her supervisor. Despite reporting it informally, nothing is done. She lodges a formal grievance. The CCMA later rules that the employer failed to protect her, awarding compensation and ordering stricter workplace policies to prevent future harassment.
Frequently Asked Questions About Harassment at Work in South African Law
Harassment at work includes unwanted conduct that demeans, humiliates, or creates a hostile environment for an employee. It may be based on gender, race, sexual advances, bullying, or abuse of power. The Employment Equity Act (EEA) and the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace guide how harassment must be prevented and addressed. Below are the most common questions about harassment at work in South Africa.
What is harassment at work?
It is any unwanted behaviour that violates an employee’s dignity or creates an intimidating or offensive work environment.
What types of harassment are recognised in law?
The law recognises sexual harassment, racial harassment, bullying, psychological abuse, and other forms of unfair treatment.
Is harassment the same as discrimination?
Harassment is a form of discrimination when it is based on a prohibited ground such as race, sex, or religion.
What must employers do to prevent harassment?
Employers must adopt clear workplace policies, educate staff, provide reporting channels, and take disciplinary action against perpetrators.
What rights do employees have if they experience harassment?
Employees have the right to lodge grievances internally, and if unresolved, refer the matter to the CCMA or the Labour Court.
Can harassment at work lead to dismissal of the perpetrator?
Yes. If proven, harassment can result in serious disciplinary action, including dismissal.
Are employers liable for harassment in the workplace?
Yes. Employers can be held responsible if they fail to act on complaints or do not provide a safe and respectful work environment.
Conclusion
Harassment at work in South Africa is a violation of employee rights and is prohibited under the EEA and the Code of Good Practice. Employees are entitled to safe workplaces free from intimidation, bullying, or abuse, and employers have a duty to take strong action against harassment. Understanding harassment laws ensures dignity at work and helps build a culture of respect in South African workplaces.
