In order to avoid being held vicariously accountable for the actions of their employees who harass others, employers attending the Employment Equity roadshow in Kimberley were warned by the Department of Employment and Labour.
Ntsoaki Mamashela, the director of employment equity, said: “Failure to take adequate steps to eliminate harassment once an allegation of harassment by an employee has been submitted within a reasonable time will render the employer vicariously liable for the conduct of the employee in terms of Section 60 of the EEA. This is the case even if the harassment consists of a single incident.”
She said that any claim of harassment made by an employee and brought to the employer's attention requires that the employer consults with all pertinent parties, take the necessary actions to address the complaint in accordance with this Code, the employer's policy, and, where applicable, the collective bargaining agreement, and take the necessary actions to end the harassment.
This is according to the new Code of Good Practice on the prevention and elimination of harassment in the workplace that was published on March 18, 2022.
The Code applies to all parties who interact with an organisation, including owners, employers, managers, supervisors, employees, job candidates, persons in training (such as interns, apprentices, and learnership participants), volunteers, clients, suppliers, and contractors.
“The protection extends to both public and private spaces; where the worker is paid, during rest or when using sanitary facilities, washing and facilities; work-related trips, travel, training, events, or social activities; related communications including those enabled by information and communication technologies; employer-provided accommodation; and when commuting to and from work in transport provided or controlled by the employer,” said Mamashela.
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