southafricalogoThe Citizen reports that the Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace became effective on 18 March 2022.

The new workplace harassment code outlaws eye rolls, bullying, violence and harassment. According to law firm Cliffe Dekker Hofmeyr, it creates a greater obligation on employers to counteract the devastating effects of violence and harassment in the workplace. Concomitantly, the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace has been repealed. The new code provides guidelines for employers and employees on the prevention and elimination of all forms of harassment as a form of unfair discrimination in the workplace and for developing human resources policies, procedures and practices related to harassment. The code applies to all employers and employees, as well as applicants for employment. It recognises that perpetrators and victims of harassment are not necessarily employers, but also employees and applicants for employment such as owners, clients, customers, suppliers, contractors, volunteers, persons in training including interns, apprentices and learnership students. Even other people who have dealings with the employer’s business are included and the code applies to any situation where the employee is working or which is related to work. The code highlights four main forms of violence and harassment, namely, sexual violence and harassment; racial, ethnic and social origin violence and harassment; violence and harassment on account of a protected disclosure or whistleblowing; and workplace bullying.


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