Simone Olivier Attorneys Inc.

MEDIA RELEASE

01 September 2022

Department of Employment and Labour warns of ‘confidentiality’ when dealing with harassment cases

Niresh Singh, the deputy director of employment equity policy and compliance, told the roadshow that confidentiality is key in dealing with harassment cases.

“Employers and employees must ensure that grievances about harassment are investigated and handled in a manner that ensures that the identities of the persons involved are kept confidential to protect the confidentiality of all parties involved”; Singh said.

Singh was addressing the last Employment Equity roadshow for the KwaZulu-Natal Province today, 1 September 2022, in Durban. The roadshows are conducted jointly by the Department of Employment and Labour and the Commission for Conciliation, Mediation, and Arbitration(CCMA).

He said that the confidentiality of harassment cases can be achieved by making sure that all internal and external communications related to an incident of harassment are treated as confidential. “The exception is when the party who reported the incident publicises the matter, where the employer has only to prove that it has taken measures to make the names of the parties confidential”, he said.

The issue of confidentiality does not preclude an employer from taking appropriate steps to protect the safety or dignity of employees, either during the conduct of the investigation or subsequently.

The roadshow was told that false allegations of harassment lead to the accused becoming the harassed. The reason is that the person’s dignity has been impaired.

Niresh highlighted the fact that the employer’s harassment policy should specify the range of disciplinary sanctions that must be proportionate to the seriousness of the harassment in question.

He said the sanctions may include warnings which may be issued for minor instances of harassment and must describe the essence of the misconduct; dismissal which may ensue for continued minor instances of harassment after warnings, as well as for serious instances of harassment; and transferring the perpetrator which only happens in appropriate circumstances.

“All these sanctions or the internal processes do not in any way take away the complainant’s right to lay a criminal charge or institute civil proceedings against the alleged perpetrator”, Singh concluded.

The chairperson of the Commission for Employment Equity (CEE), Tabea Kabinde, said: “We are closing the tap”. She said the current EE amendments, which will empower the Minister to regulate the sector-specific EE targets are envisaged to deal with employers and businesses that do not want to transform.

Free State
· Bloemfontein (13 September 2022) – (venue to be confirmed)
Western Cape
· George (06 September 2022) – (venue to be confirmed)
· Cape Town (07 September 2022) – (venue to be confirmed)
Gauteng
· Pretoria (13 September 2022) – RH Hotel, Corner Steve Biko Road and, Trevenna Street, Sunnyside
· Johannesburg (14 September 2022) – (venue to be confirmed)
· Vaal (15 September 2022) – (venue to be confirmed)

The national workshops start at 10:00 and conclude at 13:00 and members of the media are invited.

More information on EE is obtainable from the Department website www.labour.gov.za including updates on the schedule for venues.
Media enquiries may be directed to:

Teboho Thejane
Departmental Spokesperson
082 697 0694/ [email protected]

-ENDS-

Issued by: Department of Employment and Labour

MEDIA RELEASE

08 September 2022

Unwanted conduct diminishing the dignity of another constitutes harassment in the workplace – Employment and Labour
Any unwanted conduct that impairs dignity such as giving comments about other people, winking to other people, touching other people, telling other people that they are sexy is constituting to harassment in the workplace.

This was said by the Director of Employment Equity (EE) in the Department of Employment and Labour, Ms. Ntsoaki Mamashela, during the Department’s Employment Equity and the Commission for Conciliation, Mediation and Arbitration (CCMA) Roadshow held at the Cape Town International Convention Centre (CTICC) on 07 September 2022.

Mamashela was explaining the different forms of harassment that are considered prohibited in the workplace to the various stakeholders attending the workshop.

She told the gathering that harassment is: “Any unwanted conduct impairs the dignity of the person being harassed, not the dignity of the person who is giving the comments, who is winking the eye to other people, touches other people, telling other people that they are sexy. Keep it to yourself. Leave it at the door when you get to the workplace”; added Mamashela.

“The courts have already ruled and there is one interesting court judgment where the court said; “a workplace is a professional place, it’s not a place for lovesick puppies that run around commenting on how sexy people are, leave it at the door”; said Mamashela.

The 2022 National Annual Employment Equity Workshops are focused around the Code of Good Practice on the prevention and elimination of harassment in the workplace, CCMA Case Law on all types of harassment and the 2021-2022 EE Annual Reports (22nd CEE Annual Report) and 2022 EE online reporting.

Presenting the Annual Employment Equity Reporting for the Western Cape, Chairperson for the Commission for Employment Equity (CEE), Tabea Kabinde, said, the statistical numbers for the semi-skilled population level are nothing to be celebrated.

“When we get to this level, I don’t celebrate. There is nothing to celebrate because this is really a reflection of the legacy of apartheid and it cannot even be celebrated. We can’t celebrate the fact that the lower you go the darker it becomes. It’s not worth being celebrated. We want to celebrate seeing the movement at the higher levels and then we can say we are really making progress towards economic transformation”; said Kabinde.

The Department of Employment and Labour Western Cape Provincial Head, Mawele Ntamo, told the workshop attendees that the Department remains committed to the agenda of transformation in the workplace and that the EE and the CCMA Roadshow session is a continuous indication of that commitment and also to capacitate the employers and employees.

“Let us hold or tackle the bull by its horns. The statistics that are shown are uninspiring. They say a lot about the people that are in this room because everyone has the responsibility to drive transformation in the workplace. And I’m sure coming back to the next session we should see something different from what has been shown here today”; said Ntamo.

According to the EE reporting status of the Western Cape Provincial Departments and Municipalities, of the thirty (30) municipalities only three municipalities are left wanting in terms of non-reporting three years in a row since 2019.

“I have spoken with the chief inspector to say by now you should have the list of those three municipalities that have not been reporting for three consecutive years, and he has committed that he is going to follow this one. A penalty which goes up to R150 000.00 (may be issued to the three municipalities), and that is a key decision that has been taken that he needs to follow those municipalities and deal with them. And yes, we are encouraged by the responds from other government departments that they are complying”; concluded Ntamo.

The remaining workshops are scheduled to take place as follows:

Gauteng

- Pretoria (13 September 2022) – RH Hotel, Corner Steve Biko Road and, Trevenna Street, Sunnyside
- Johannesburg (14 September 2022) – (venue to be confirmed)
- Vaal (15 September 2022) – (venue to be confirmed)

Free State

- Bloemfontein (13 September 2022) – (venue to be confirmed)

The national workshops start at 10:00 and conclude at 13:00 and members of the media are invited.

More information on EE is obtainable from the Department website www.labour.gov.za including updates on the schedule for venues.

Media enquiries may be directed to:

Teboho Thejane
Departmental Spokesperson
082 697 0694/ [email protected]

-ENDS-

Issued by: Department of Employment and Labour