The Department of Employment and Labour (DEL) has published the new Code of Good Practice on the prevention and elimination of harassment in the workplace. It serves as a guide on how to prevent workplace harassment and steps individuals can take to address harassment.
Niresh Singh, deputy director of employment equity policy and compliance, believes all stakeholders have a part to play in employment equity policies and procedures are implemented in the workplace. These stakeholders include employees and trade unions.
Singh was speaking at DEL’s 22nd Annual Employment Equity (EE) Roadshow which seeks to promote the new Code Of Good Practice For The Prevention And Elimination Of Harassment In The Workplace.
They said, “We have employment equity reports and for the designated employers where they indicate whether they have those policies. We also encourage workplace activism and that is why we call on employees to participate.”
Singh explained the Employment Equity Act and the Labour Relations Act compels employers to consult their employees when implementing policies and procedures. They also warned that action can be taken against employers that fail to implement harassment prevention policies.
“In terms of Section 60, an employer can be taken to task to implement policies around harassment matters in the workplace. Let’s all take that responsibility, including the Department to get the job done” declared Singh.
If employees who are victims of harassment believe these issues are not being dealt with adequately, they may approach the Commission for Conciliation, Mediation, and Arbitration (CCMA). The CCMA seeks to address workplace disputes.
Pretoria CCMA Commissioner Vuyokazi May explains that victims of harassment must first take reasonable steps to address the issue with the employer before approaching the commission.
If employees cannot confront their perpetrators, they can then approach the CCMA.
“You are expected to let them know, but in instances where you cannot, we are going to be looking at the seniority of the person who is a perpetrator and check whether they are reasonable and ought to have known that their conduct is unwelcome,” said May.
The Code Of Good Practice For The Prevention And Elimination Of Harassment requires employers to implement awareness training initiatives to educate employees about the types of harassment that may take place in the workplace.
This is one of the factors considered when determining if employers are compiling with the Employment Equity Act.
