Welcome back to Workplace Wednesdays.
Still on the topic of sexual harassment in the workplace, we address the most difficult aspect if this serious issue – and that of proving the harassment. We must not ignore the requirement in law that the Employers are to create and maintain a working environment that is safe, and secure for all employees and the employer must ensure that the dignity and security of person for all employees, is ensured. If your workplace becomes hostile and threatening, then the employer has failed in its duty.
But- this does not remove the behaviours of a sexual predator in the workplace and the perpetrators of this awful behaviour, usually do their best to behave in these horrible ways behind closed doors and where no witnesses can see or hear their actions. If you are a victim of such behaviour – it would be advisable to raise and report it immediately after it has happened. Other co-workers would have seen you enter the office and the door closes – or noticed you were not in an open public space – and that can count in your favour. When reporting the sexual harassment behaviour – be very specific and detailed in your complaint.
This often results in the perpetrator being called in and reprimanded and warned – which often stops the behaviour as the perpetrator is then “under watch”.
Rely on the employer’s policy on this matter and use that policy to lodge your complaint against the perpetrator. You should raise your complaint to someone in a very senior position as raising it to lower status people might cause that person to be unable to process or understand the situation fully and they could find themselves not able to deal with the complaint properly and adequately. Don’t only tell co-workers and leave it at that, you will not stop the behaviour that way.
It oftens happens to victims of such insidious behaviour that they are afraid to raise the complaint for fear of repercussions against them. Remember, labour laws protect you beyond the workplace and if the employer takes action against the complainant, the CCMA, Bargaining Councils and eventually the Labour Court, treat these types of matters very seriously and if you don’t get satisfaction within your employer and are further victimised for raising the issue, the matter can be taken up outside the employer with a lawyer and formal applications – so don’t be afraid to raise a complaint of sexual harassment within the employer – you have protection.
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