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Sexual Harassment in the workplace & how to deal with it

This webinar on demand is part of a series of webinars. Click here to read more

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Overview

Sexual harassment is endemic in South Africa and deeply damaging to staff morale and trust. Recent case law has shown the consequences for employers who do not have sexual harassment policies and who do not train and educate their staff on sexual harassment. It is not only the CCMA and Labour Court who are taking a hard line on sexual harassment; the government is evoking new laws to curb this social injustice that has plagued our society.

Civil society has had enough, and the backlash and outcry over these incidents are severe and reputational damage can happen in online news and social media. When investigating or consulting with employees regarding sexual harassment allegations, employers may wish to consider the following:

Providing, where appropriate, leave or special leave to the complainant while suspending the alleged perpetrator, depending upon the allegations made;

Making reasonable attempts to provide the employee with counselling;

If operationally possible, considering the transfer of either the alleged perpetrator or the complainant, so that the parties have limited contact with each other in the workplace;

Considering the seriousness of the allegation, considering whether an informal process to resolve the complaint should be adopted and taking into consideration the feelings and wishes of the complainant;

Discuss alternative means of resolving the complaint with the complainant. For example, adopting an informal process;

Providing complainants with regular updates regarding the investigation;

Providing both the complainant and the alleged perpetrator with an opportunity to respond to allegations or versions which arise during the investigation and;

"This is not only to ensure that all parties are dealt with fairly but also to ensure that employers do not incur liability."

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Learning Objectives

By the end of this webinar, the attendee should:

• Understand what constitutes sexual harassment; be aware and understand the relevant law and how it is to be applied. Have a thorough knowledge of the latest case law and practical insights. Learn how to approach setting up a sexual harassment policy and how to implement it. Understand how to approach sexual harassment in grievance form and when to hold a disciplinary hearing to discipline the perpetrator. Learn how to implement sexual harassment learning and training for your staff.

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Who should attend

• Legal Practitioners
• HR Representatives
• Industrial relations officers
• Legal officers of companies
• Union officials
• Paralegals
• Law students and candidate attorneys
• Employees; and
• Anyone interested in Employment and Labour Law.

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Additional material

• We will provide employers, HR and legal practitioners with a sexual harassment policy.
• We will provide employers with a 10 step process to ensure you deal effectively with this scourge.
• This 10 step process will aid you as an employer so that you do not have to face the wrath of the CCMA or the Labour Court.
• We will advise employees how to deal with sexual advances, raise a grievance, and refer the matter higher when the grievance has not been resolved. We will provide tips on grievance writing and other insights.