Nov 1, 2022

The New Code Of Good Practice In The Workplace Came To Effect In March 2022 And Describes A New Definition Of Harassment. What Does This Entail?

The New Code of Good Practice replaced the 2005 Code of Good Practice on handling sexual harassment in the workplace.  The new code came into effect on the 18th of March, 2022.

What are these new changes, and what should companies take into consideration?

First, there is a new definition of harassment which includes the following:

  • Unwanted conduct which impairs dignity;
  • Conduct that creates a hostile work environment for one or more employees or has the effect of including submission by actual or threatened adverse consequences as well as;
  • Conduct related to one or more grounds in respect of which discrimination is prohibited in Section 61 (1) of the Act which includes both listed and arbitrary grounds.

The next question that could arise is, to whom does this New Code apply? This Code applies to any of the following persons:

  • Employers;
  • Employees;
  • Job applicants/seekers;
  • Volunteers;

It is further important to establish what different types of harassment the New Code sets out and should be kept in mind by the company as well as any employees to be able to recognise harassment in the workplace. These include, but are not limited to the following:

  • Intimidation –  This is conduct which could lead a reasonable person to fear injury or harm;
  • Online Harassment – This includes conduct/harassment aggravated by using  communicative technology. This includes and is not limited to harassment on social media platforms and emails;
  • Mobbing – This is harassment by multiple persons targeted at one or more persons.
  • Verbal bullying – This includes conduct/harassment such as insults, shaming, and constant criticism and is not limited to these and also includes racist/sexist language.
  • Psychological abuse – This includes but is not limited to any conduct that has/could have any negative psychological consequences or impact on or for the complainant.
  • Bullying –  This includes but is not limited to online bullying (cyberbullying), which occurs when an individual abuses their power in the workplace and may involve aggressive behaviour which causes another person injury or harm;
  • Covert/Passive aggressive harassment – This includes but is not limited to sarcasm, mimicking, ridicule, negative gossiping or joking at someone’s expense.
  • Physical Harassment – This includes but is not limited to gestures such as raising fists as well as physical attacks and violence.

Now that we have looked into the different types of harassment and the definition of harassment, another question arises; who can be a victim of harassment in the workplace?

Below is a list of everyone who can be a victim of harassment in terms of the New Code of Good Practice:

  • Owners;
  • Any person having dealings with the company/business;
  • Contractors;
  • Employers;
  • Employees;
  • Suppliers;
  • Managers;
  • Clients and customers;
  • Volunteers;
  • Supervisors;
  • Job applicants/seekers;
  • Interns/apprentices (Persons in training at the company).

The views expressed in FA / University of Witwatersrand – 31 CCMA 8.37.29 also reported at [2022] 9 BALR 879 (CCMA) are now also confirmed by the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, published in 2022. The applicant’s dismissal was ruled fair, and the applicant was ordered to pay the respondent’s costs as calculated.

With the above in mind, it is essential for companies/businesses to have procedures in place where any victim can report any harassment in the workplace. Therefore, every company should have a harassment policy which states the company’s reporting structure and procedure in the workplace.

Want to know more about the New Code of Good Practice? Contact your nearest SEESA Labour Legal Advisor. Alternatively, leave your details on our website, and a SEESA representative will contact you.

About The Author:

Arno Maree started his career at SEESA in May 2022. He is a Multi-Product Legal advisor for Consumer Protection & POPI and Labour. He has a Bachelor of Laws Degree (LLB) which he obtained at the University of South Africa.

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