Definition
Sexual harassment is unwelcome or unwanted attention of a sexual nature that causes discomfort, humiliation, offence, or distress, and/or interferes with a person’s work.
It includes actions and practices of a sexual nature by a person or group directed at one or more staff members. It may be verbal, physical, written in any format, or communicated through pictures, photographs, jokes, or innuendo.
- The behaviour persists—although one incident can be enough to constitute sexual harassment.
- The recipient has made it clear that the behaviour is offensive.
- The person responsible should have known the behaviour would be regarded as unacceptable.
Forms of harassment
Sexual harassment may include unwelcome physical, verbal, or non-verbal conduct. It can also involve abuse of workplace power.
Unwanted contact
Any unwanted physical contact, ranging from touching to sexual assault and rape, including a strip search by or in the presence of a person of the opposite sex.
Words and advances
Unwelcome innuendo, suggestions, sexual advances, comments with sexual overtones, sex-related jokes or insults, graphic comments about a person’s body, inappropriate enquiries about a person’s sex life, or unwelcome whistling.
Gestures and material
Unwelcome gestures, indecent exposure, or the unwelcome display of sexually explicit pictures and objects.
Benefit for favour
An owner, employer, supervisor, manager, or co-employee attempts to influence employment, promotion, training, discipline, dismissal, salary, or another benefit in exchange for sexual favours.
Lodging a grievance
Employees
Any employee subjected to sexual harassment in the workplace has the right to raise a grievance.
Non-employees
A non-employee may lodge a grievance with the harasser’s employer when the incident takes place at the workplace or in the course of the harasser’s employment.
A grievance may be lodged informally or formally.Support and confidential advice may be requested before deciding what action to take.
Confidential review
Confidentiality during an enquiry
Grievances under investigation must be handled in a way that keeps the identities of those involved confidential. Management, employees, and the parties concerned should protect that confidentiality, while parties and their representatives may receive information reasonably necessary to prepare for proceedings.
The investigation must consider
- 01
Whether the concern involves one incident or persistent incidents.
- 02
Whether the recipient made it clear that the behaviour was offensive.
- 03
Every claim must be handled sensitively, efficiently, and effectively.
- 04
The aggrieved party must not be disadvantaged because they raised the grievance.
- 05
The position of the accused party must not be prejudiced if the grievance proves unwarranted.
Disciplinary action
When sexual harassment has occurred, Care World will take appropriate action.
- Failure to comply with this policy may result in disciplinary action.
- Serious incidents, or continued harassment after warnings, are grounds for dismissal.
- Management will follow the disciplinary procedures referenced in company policy and Schedule 8 of the Labour Relations Act.
- Victimisation or retaliation against an employee who lodges a good-faith grievance is a disciplinary offence.
If you are affected
Your safety and comfort matter. Begin with confidential support, then choose the route appropriate to the seriousness of the situation.
- 01
Seek confidential advice
Approach a designated person for advice. You may request confidential support before any action is taken, and counselling may be considered when needed.
- 02
State that the conduct is unwelcome
If possible and appropriate, use an informal, direct approach. Explain that the behaviour is not welcome, makes you uncomfortable, and interferes with your work.
- 03
Escalate when necessary
If the conduct continues, follow the formal procedure and bring the incident to management as a grievance. Severe cases should be reported to management immediately.
- 04
Create a written record
Complete the standard grievance form and lodge it with your direct supervisor or manager. Care World’s normal grievance procedure and its time frames then apply.
- 05
Continue to dispute resolution
If the time frames lapse without a satisfactory outcome, the prescribed dispute procedure may be followed.
Resolution & support
If a complaint is not satisfactorily resolved through the internal procedure, either party may, within 30 days of the dispute arising, refer the matter to the CCMA for conciliation under section 135 of the Labour Relations Act.
If the dispute remains unresolved, either party may refer it to the Labour Court within 30 days of receiving the commissioner’s certificate issued under section 135(5).
An employee may apply for additional sick leave under the Code of Good Practice on handling Sexual Harassment Cases when their existing entitlement is exhausted.
Additional leave will be granted only in serious cases where trauma counselling is required on medical advice.
Issues of importance
- Anonymous complaints will be disregarded.
- The rights of both complainants and those against whom a complaint is made will be protected.
- False accusations will be viewed seriously.
- As a condition of employment, every employee—regardless of position—must refrain from sexual harassment against another employee or any person connected with a client, customer, supplier, or other entity.