The Department of Employment and Labour has reminded employers that confidentiality is crucial when conducting harassment investigations. The investigators must ensure that the identities of all parties involved remain confidential.
Niresh Singh, the deputy director of employment equity policy and compliance explained that both employers and employers must work to ensure that grievances about harassment are investigated. However, this must be done in a manner that ensures that the identity of all the people involved is kept confidential.
Singh was speaking at the Employment Equity roadshow in KwaZulu-Natal. The roadshow is being conducted by the Department of Employment and Labour and the Commission for Conciliation, Mediation and Arbitration (CCMA).
Issues of confidentiality should not preclude an employer from taking to steps to protect the safety and dignity of employees during or after the investigation has taken place.
Singh explained that an employer's harassment policy must specify the range of disciplinary action an employee could face if they are accused and found guilty of harassment
These policies must include a description of misconduct that can be viewed as harassment. Warnings may also be issued for minor instances of harassment while dismissal could be an option after continued minor instances of harassment after warnings were given.
“All these sanctions or the internal processes do not in any way take away the complainant’s right to lay a criminal charge or institute civil proceedings against the alleged perpetrator”, concluded Singh.
The department will be visiting other parts of the country to engage with the nation's labour force.
Here Are The Dates For The Upcoming Labour Department Roadshow
Free State
- Bloemfontein (13 September 2022) – (venue to be confirmed)
Western Cape
- George (06 September 2022) – (venue to be confirmed)
- Cape Town (07 September 2022) – (venue to be confirmed)
Gauteng
- Pretoria (13 September 2022) – RH Hotel, Corner Steve Biko Road and, Trevenna Street, Sunnyside
- Johannesburg (14 September 2022) – (venue to be confirmed)
- Vaal (15 September 2022) – (venue to be confirmed)
These workshops will start at 10 AM and will conclude at 1 PM in the afternoons.
In a previous workshop, the department explained the importance of paying workers at least the minimum wage. It is against the law to pay workers below the minimum wage and said employers who fail to pay the minimum wage should be reported.
