National Code of Good Practice on Sexual Harassment

National Code of Good Practice on Sexual Harassment

The national code encourages and promotes the development and implementation of policies and procedures that will lead to the creation of workplaces that are free of sexual harassment, where employers and employees respect one another's integrity and dignity, their privacy, and their right to equity in the workplace.

Although this Code isn’t legally binding, it provides useful guidance on how an employer should deal with allegations of sexual harassment, and encourages the development and implementation of policies and procedures to prevent sexual discrimination. Harassment of a worker is a form of unfair discrimination. Sexual harassment is also prohibited under the Protection from Harassment Act No. 17 of 2011. 

The Employment Equity Act (EAA) No. 55 of 1998 provides that if it’s alleged that a worker has contravened a provision of the EEA by, for example, harassing another worker and the employer fails to take the necessary steps to deal with the allegations of sexual harassment, the employer is deemed also to have disregarded the EEA. Section 60(3) of EEA effectively holds an employer indirectly responsible for the unlawful, discriminatory conduct of its workers.

For more information or assistance

• CCMA