What are the policies that an employer should have in place to deal with allegations by an employee of sexual harassment? What steps should the employer take if they receive an allegation, and is dismissal always the correct disciplinary action? This week Ivan Israelstam provides guidance for employers.
Sex related acts not always sexual harassment - that is the outcome of a case Ivan Israelstam examines this week. This case indicates how important it is to ensure that disciplinary action is taken timeously. A delay - and allowing the employee to continue working - would indicate that the trust relationship is not broken. Therefore, dismissal may be found to be unfair.
This week Ivan Israelstam looks at the cases of alleged sexual harassment. Questions answered are: how should an employer respond to sexual harassment allegations by an employee, and what are the obligations placed upon an employer?
Employers do not always take allegations of sexual harassment seriously - such allegations may give rise to jokes and innuendo. However, employees have a right to a safe workplace and protection from discrimination. Cases of sexual harassment that are mishandled may lead to findings of unfair discrimination. Ivan Israelstam cites some cases to demonstrate the implications of failing to take seriously allegations of sexual harassment.