In an opinion piece, Andre van Heerden and Hannah Fowler of Werksmans Attorneys write that employers must act swiftly on sexual harassment allegations to avoid liability under the Employment Equity Act (EEA), as a recent CCMA ruling highlighted.
In this case, two library assistants at Nelson Mandela Metropolitan University accused a colleague of sexual harassment in May 2018. They reported the issue to their supervisor who allegedly responded without urgency or sensitivity. Only when the complaints were escalated to a senior supervisor, did the response gain momentum. The senior supervisor requested written statements, and the matter reached the Labour Relations department. Within three weeks, the employer suspended the accused and relocated him to another workplace due to a concurrent staff strike. A disciplinary hearing, held within two months, cleared the accused, but the employer kept him separated to protect the complainants. Dissatisfied, the complainants referred the matter to the CCMA, alleging unfair discrimination under Section 60 of the EEA and seeking compensation. The CCMA arbitrator ruled the employer acted promptly. However, the ruling clarifies that employers need not take every possible step, but must act reasonably and promptly, with a case-specific standard. In this case, employer’s escalation and protective measures sufficed. However, the message was clear, namely that delayed or inadequate responses to harassment risked legal liability, reputational harm, and eroded trust. The authors opine that employers must strengthen harassment policies. Proactive steps—robust reporting, training, and swift action—mitigate risks and uphold EEA obligations.
- Read the full opinion piece on this subject at News24 (subscription / trial registration required)
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