DRAFT!: SEXUAL HARASSMENT POLICY

SEXUAL HARASSMENT POLICY

Draft an internal company policy (standard) to regulate he rule in relation to SEXUAL HARRASSMENT in the workplace.

Add your Company Logo here. This is an optional option.
Accepted file types: jpg, jpeg, png, gif.
Add your Company Logo here. This is an optional option.
MM slash DD slash YYYY
Sexual Harassment Policy

1. Preamble

1.1

The Constitution of the Republic of South Africa guarantees equality and the right to equal protection under the law. This right is guaranteed for all people regardless of race, gender, sex, pregnancy, marital status, ethnic or social origins, sexual orientation, age, disability, religion, conscience, belief, culture, language, or birth.

The Employment Equity Act prescribes that the working environment should be free of discriminatory practices, including sexual and other forms of harassment.

Definitions and Interpretation

2.1

In this policy, unless the context clearly indicates otherwise:

  • Applicant: means any person who is applying for any position at the workplace;
  • Complainant: means a person who is subject to alleged sexual harassment;
  • PAIA: means the Promotion of Access to Information Act, No. 2 of 2000 (as amended);
  • Policy: means this Sexual Harassment Policy which forms part of all employees’ conditions of service;
  • Sexual Harassment: means any form of unwanted or unwelcome conduct of a sexual nature, whether physical, verbal, or non-verbal, by a person of the same or opposite sex towards another, which:
    1. has a negative impact on the complainant;
    2. persist in spite of the complainant’s clear indication that such behavior is unwelcome;
    3. even if it is a single incident of harassment, can be deemed to constitute sexual harassment because of its seriousness.

2.2

Paragraph headings are inserted for convenience only and cannot be used in the interpretation of this policy.

2.3

If any provision confers any right or imposes any obligation on any party, then notwithstanding that it is only in the interpretation clause, effect must be given to it as if it were a substantive provision.

3. Application

3.1

This policy applies to all:

  • (a) employees of the company;
  • (b) applicants;
  • (c) clients or customers;
  • (d) contractors, including their consultants, employees, or workers;
  • (e) suppliers; and
  • (h) any other person who has any dealings of whatsoever nature with the company.

3.2

Nothing in 3(1) confers the right on the company to initiate disciplinary action against a non-employee for breach of this policy.

3.3

This policy applies to all company workings, programs, and activities both on and off the company premises.

4. Forms of Sexual Harassment

4.1

The following list, which is not exhaustive, contains examples of sexual harassment:

  1. Physical conduct of a sexual nature, which includes all unwanted physical contact, ranging from touching to sexual assault and rape, or frisking or strip searches by another person.
  2. Verbal forms of sexual harassment, which include innuendoes, suggestions and hints, sexual advances, comments with sexual overtones, sexual-related jokes or insults or unwelcome graphic comments about a person’s body made in their presence or directed at them, unwelcome and inappropriate enquiries about a person’s sex life, unwelcome and inappropriate comments about a person’s sexual orientation, and unwelcome whistling directed at a person or group of persons.
  3. Non-verbal forms of sexual harassment, which include unwelcome gestures, indecent exposure, and unwelcome displays of sexually explicit pictures and objects.
  4. Any form of communication of a sexual nature, including exerting pressure on a person for dates and sexual favours.
  5. Quid pro quo harassment, which occurs if the employer, line manager, member of management or co-employee, undertakes or attempts to influence the process of employment, promotion, training, discipline, dismissal, salary increments or other benefits of an employee or applicant, in exchange for sexual favours.
  6. Sending or viewing jokes, pictures or other information by e-mail or the internet in which the information is sexually explicit or ridicules a person’s sexual orientation.

4.2

Sexual favouritism exists if a person who is in a position of authority rewards only those who respond to her/his sexual advances, whereas other deserving employees who do not submit themselves to any sexual advances are denied promotion, merit ratings or remuneration increases.

5. Reporting

5.1

Any persons who believe that they have experienced or witnessed sexual harassment or related retaliation are encouraged to report such behaviour promptly to the HR Manager of the Company.

5.2

Incidents must be reported in writing within 30 working days after the incident. If the complainant can show good cause for reporting the incident after this period, the HR Manager may waive the 30-day requirement.

6. Investigation

6.1

A person will be appointed by the HR Manager to undertake a preliminary investigation to establish whether there is enough evidence to substantiate the allegation.

6.2

This investigation begins within 10 working days after the allegation was reported and is completed in the shortest reasonable period of time, but not later than 10 working days after the investigation was begun.

6.3

The preliminary investigative report becomes part of the record and may be used in either the informal or formal proceedings as defined below.

6.4

If the appointed person determines through the preliminary investigation that the allegations of sexual harassment cannot be substantiated, he/she may decide that a formal hearing process under the disciplinary code is not justified. It is, however, still possible to pursue the matter through the informal resolution process.

6.5

If complainants wish to appeal against the decision, the same appeal must be lodged with the HR Manager within 7 working days after the decision was communicated to them. The appeal outcome will be presented within 7 working days thereafter. The resulting decision is final.

7. Informal Process

7.1

In some instances, it is more effective to deal with a sexual harassment complaint informally than formally.

7.2

The parties may agree to a mediation process with each other in the presence of an appointed employee to lead to the mediation.

7.3

Should the informal process not lead to a resolution, the process may be dealt with under a formal procedure.

7.4

Should a settlement/resolution be reached, the parties must draft an agreement and sign the same.

8. Formal Process

8.1

Complainants may file a formal written complaint immediately after an incident or after efforts to reach an informal settlement have proved unsuccessful.

8.2

The complaint is lodged in writing to the HR Manager.

8.3

The HR Manager will set a date for a disciplinary or a grievance hearing within 10 working days of receipt of the complaint.

8.4

The disciplinary hearing must be completed within 10 working days after its beginning, unless all the parties agree otherwise in writing.

8.5

The accused’s silence at or absence without good reason from a disciplinary or grievance hearing does not prevent the hearing from proceeding. The accused’s failure or refusal to respond may result in the hearing proceeding solely on the basis of the complainant’s testimony.

8.6

A complainant may withdraw a charge after it has been filed, provided that the accused agrees to the withdrawal.

8.7

A complainant’s failure to cooperate with the process in a timely manner may negate the Company’s obligation to continue with the proceedings.

8.8

The HR Manager makes every effort to cooperate closely with the complainant to ensure due process but may administratively close a complaint if the complainant fails to cooperate or participate fully in the process.

9. Burden of Proof

Sexual harassment is proven on a balance of probabilities to discharge the burden of proof.

Confidentiality

The company recognizes that confidentiality is important. The Employer and all other employees responsible for the implementation of this policy must respect the confidentiality and privacy of the complainant and the accused to the extent that is reasonably possible.

Dispute Resolution

Should a complaint of alleged sexual harassment not be satisfactorily resolved by the internal procedures as set out above, either party may, within 10 working days of the dispute having arisen, refer the matter to the CCMA for conciliation in accordance with section 135 of the LRA.

Offences

The following constitute offences under this Policy:

(a) engaging in any form whatsoever of sexual harassment;

(b) intentionally making a false report of sexual harassment;

(c) engaging in any form of retaliatory act;

(d) failure by a line manager or any other manager to report sexual harassment;

(e) failure by the HR Manager or appointed person to treat a report of sexual harassment as confidential;

(f) failure to comply with any other duty as set out in this Policy.

Maximum Penalties

Any offences as listed above must be handled in accordance with the provisions of the Company’s Disciplinary Code. Employees may be summarily dismissed if found guilty of an offence listed above, but a lesser penalty may be imposed if the degree of the offence is less serious.

This is optional, but use this space to insert clauses which may be business or company specific which you believe must be added.
Translate »