Creating a safe workplace: employee and employer roles in preventing sexual harassment

Fredrick Qaphelani Mabikwa

IN my last article I discussed sexual harassment in the workplace in terms of what constitutes sexual harassment.

In this article I will look at possible ways of preventing sexual harassment in the workplace in terms of employee and employer responsibilities. Employees should maintain a professional demeanour and avoid behaviour that could be misconstrued as inviting harassment.

This includes fostering a business-like environment and avoiding informality that could be exploited.

If a colleague makes them uncomfortable, victims should immediately express their displeasure directly and clearly.

Continued inappropriate behaviour necessitates a formal complaint to the supervisor, following established reporting procedures.

There’s no room for delay. If the supervisor is the perpetrator, alternative reporting channels within the workplace must be followed. Building a strong case is crucial.

Documenting incidents, including dates, locations and details of harassment, is essential. Any witnesses should also be noted.

All employers, regardless of company size, have a legal and ethical obligation to create a workplace free from sexual harassment.

Prompt response to accusations is essential. Employers should ensure victims feel comfortable reporting without fear of retaliation or dismissal of their grievances.

To effectively prevent sexual harassment, a clear and comprehensive policy must be adopted, promoted, implemented and monitored.

Developing the policy in collaboration with the Workers’ Union fosters buy-in and ensures effective implementation.

Investing in employee training is essential for raising awareness about sexual harassment at all levels, including management. The myth that harassment only occurs at lower levels needs to be dispelled.

Victims of sexual harassment often experience a range of emotional reactions, including anger, embarrassment, guilt, fear and anxiety.

These can manifest physically through loss of appetite, nausea, weight loss, headaches, sleep disturbances and even substance abuse.

The emotional and physical consequences can lead to financial hardship. Fear of harassment can lead to increased absenteeism, or in severe cases, job quitting or accepting lower-paying positions to escape the situation.

These actions can permanently damage a victim’s career trajectory.

Failure to maintain a harassment-free workplace can lead to a multitude of problems for employers, including low morale, decreased productivity, lawsuits, increased absenteeism and a damaged public image.

Chapter (28:01) Section 8 of the Labour Act explicitly prohibits employers or anyone else from demanding sexual favours as a condition of employment.

This includes recruitment, job creation/promotion, training and access to workplace facilities. Employers must comply with the Labour Act.

Workers’ Unions play a crucial role in co-developing and implementing company sexual harassment policies. They ensure fair and transparent negotiation of workplace harassment issues.

Unions should also provide information, advice and representation to both victims and those accused of harassment. Disseminating information on sexual harassment during regular interactions with workers is also vital.

All workers, regardless of position, have a responsibility to uphold a harassment-free environment.

This includes discouraging inappropriate behaviour, reporting incidents and adhering to the company’s sexual harassment policy.

The same responsibility extends to management, ensuring a culture of respect throughout the organisation.