05/09/2022
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
