Steps To Take Before Seeking Legal Assistance: Workplace Sexual Harassment
The case of J v M Ltd (1989) 10 ILJ 755 (IC) is a significant milestone in the South African legal landscape, marking the recognition of sexual harassment as a pervasive issue within the workplace. In this groundbreaking case, the court upheld the dismissal of a senior executive employee found guilty of sexually harassing female co-workers, describing sexual harassment as 'unwanted sexual attention in the employment environment.'
The legal framework regulating sexual harassment consists of common law, the Constitution, the Labour Relations Act 66 of 1995 (LRA), the Employment Equity Act 55 of 1998 (EEA), as well as the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (The Code).
Despite the absence of specific legislation addressing workplace sexual harassment at the time, the court emphasized the profound impact it has on its victims. It labeled sexual harassment as a violation of the right to bodily integrity and personality, highlighting its ability to create an intimidating, hostile, and offensive work environment. Furthermore, this case set a precedent by establishing that even a single incident could constitute sexual harassment.
In the wake of the J v M Ltd case, employees experiencing workplace sexual harassment in South Africa find themselves in a pivotal moment in history. The legal framework and societal attitudes have evolved since then, offering more comprehensive protection and support for victims. However, before considering legal assistance, employees can take proactive steps to address workplace sexual harassment effectively.
Here are some empowering actions to consider:
1. Document the Incidents: One of the essential steps in dealing with workplace sexual harassment is to document each incident meticulously. Maintain a journal or log detailing the date, time, location, individuals involved, and any witnesses. Describe the nature of the harassment, including verbal comments, gestures, or any offensive materials involved. Documentation will provide a clear and credible record of the harassment, which can be invaluable when seeking legal remedies.
2. Report the Harassment Internally: Most organizations have established internal procedures and channels for reporting workplace harassment. It is crucial to follow your workplace's policies by reporting the incidents to your immediate supervisor, human resources department, or a designated harassment officer. Clearly communicate your concerns and expectations for resolution. Request a written acknowledgment of your complaint, ensuring there is a record of the complaint within the organization.
3. Seek Support from Colleagues: You may not be the only victim of sexual harassment in your workplace. Speaking to colleagues can help corroborate your experiences and build a stronger case against the harasser. Encourage witnesses to come forward and share their observations. The collective support of colleagues can lend substantial credibility to your claims.
4. Keep Records of Correspondence: Maintain records of any written communication regarding the harassment, such as emails, text messages, or memos. These records can serve as additional evidence of the inappropriate behavior and your efforts to address the issue.
5. Familiarize Yourself with Relevant Laws: Take the time to research South Africa's labor laws and regulations concerning workplace harassment. Knowing your rights and the applicable legislation will help you better understand the legal framework protecting you and provide guidance on the steps to take.
6. Consult an Employee Assistance Program: Many companies offer Employee Assistance Programs (EAPs) to provide counseling and support for employees facing various challenges, including harassment. These programs can offer emotional support and guidance on addressing the issue within the workplace.
7. Consider Mediation: In some cases, mediation may be a viable option to address workplace harassment without resorting to legal action. Mediation involves a neutral third party who facilitates a conversation between you and the harasser to reach an amicable resolution. While not suitable for all cases, it can be a less confrontational approach to finding a solution.
8. Consult an Attorney: If all internal avenues fail to resolve the harassment, seeking legal counsel may become necessary. Consulting an attorney who specializes in labor law and workplace harassment can provide expert advice on the best course of action, which may include filing a complaint with the appropriate authority.
The J v M Ltd case has left a lasting legacy in South Africa, shedding light on the importance of addressing workplace sexual harassment and offering hope to victims. While legal assistance may be a necessary step, employees can empower themselves by taking proactive measures to address the issue internally, including documentation, reporting, seeking support, and understanding their rights. These initial steps can lay the foundation for a more comprehensive and successful resolution, allowing employees to stand up against workplace sexual harassment and work towards creating a safer and more respectful working environment.