Sexual harassment is prohibited in South African workplaces, and the Code of good practice gives practical guidance on how to prevent and address it fairly.
This article explains what the code covers, how sexual harassment is assessed, what employers must do to comply, and how complaints should be handled. It also outlines record-keeping, confidentiality, and when disputes may go to the CCMA or Labour Court.
This article provides general information, not legal advice. If you need help with a specific matter, consult a qualified labour practitioner or attorney.
Key takeaways
- Sexual harassment can be verbal, physical, non-verbal, or digital, and one serious incident can be enough.
- The code expects employers to prevent harassment through policy, training, and safe reporting routes.
- Employers must act promptly once aware, or they risk liability under the Employment Equity Act.
- Complaint handling should protect dignity, limit retaliation, and follow a fair investigation process.
- Good records, consistent discipline, and supportive interim measures reduce harm and legal risk.
What the code covers
South Africa’s guidance has evolved from a sexual harassment-specific code to a broader workplace harassment code. The current Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace applies to harassment generally, including sexual harassment.
The code supports the Employment Equity Act approach that harassment linked to a prohibited ground is unfair discrimination. It sets expectations for prevention, reporting, and fair workplace procedures.
Many organisations still refer to the earlier sexual harassment code for practical handling steps. In practice, employers should align their policy and process with the current code, whilst keeping clear sexual harassment procedures.
What counts as sexual harassment
Sexual harassment is unwanted conduct of a sexual nature that violates dignity or creates an intimidating, hostile, or offensive work environment. It can be physical, verbal, non-verbal, or digital.
Context matters. Decision-makers consider the nature of the conduct, how often it happened, the power dynamic, and the impact on the complainant.
- Unwanted sexual comments, jokes, or questions
- Pressure for dates or sexual favours, including implied work benefits
- Unwanted touching, kissing, or physical proximity
- Sexual messages, images, or harassment on WhatsApp or email
- Sexualised staring, gestures, or display of pornographic material
One incident can be enough, especially where it is severe. A pattern of “small” behaviours can also become harassment over time.
Employer duties under the code and the law
The code expects employers to take reasonable steps to prevent and eliminate harassment. This is not only a policy issue. It is a compliance and risk issue.
Under the Employment Equity Act, employers must address harassment as a form of unfair discrimination. Section 60 also creates a framework for employer liability where an employer fails to act appropriately after becoming aware of discrimination or harassment.
- Adopt a clear harassment policy that covers sexual harassment and reporting routes
- Train managers and staff on standards, boundaries, and complaint handling
- Provide multiple reporting options, including outside the direct line manager
- Act promptly, investigate fairly, and apply discipline consistently
- Protect people from victimisation and retaliation after reporting
Employers should also assess workplace risks. For example, isolated work sites, customer-facing roles, and power-imbalanced teams often need stronger safeguards.
How complaints should be handled in practice
The code supports accessible and safe reporting. Some employees want an informal route first. Others need a formal investigation immediately, especially if there is a risk of repeat harm.
A fair process usually includes clear steps, timeframes, and confidentiality. Confidentiality is not absolute, but employers should limit information to those who must know.
- Receive the complaint. Confirm what is reported and assess immediate safety.
- Provide support. Offer counselling or EAP support where available.
- Consider interim measures. Separate parties if needed, without punishing the complainant.
- Investigate. Gather evidence, interview witnesses, and keep a proper record.
- Use fair discipline. If misconduct is proven, apply appropriate sanctions.
If the dispute becomes formal, the employee may refer an unfair discrimination dispute to the CCMA, or in some cases to the Labour Court. Time limits and forum choice depend on the claim type, so early advice helps.
FAQ: Sexual harassment
What is sexual harassment at work in South Africa?
Sexual harassment is unwanted conduct of a sexual nature that violates dignity or creates a hostile work environment. It includes comments, pressure for favours, unwanted touch, and sexual messages. Context and impact matter, and a single serious incident may qualify.
What should an employer do after a sexual harassment complaint?
The employer should act promptly, assess safety risks, and investigate fairly. They should offer support, consider interim steps to prevent further harm, and keep proper records. If misconduct is proven, they should apply consistent discipline and protect the complainant from retaliation.
Can I report sexual harassment anonymously?
You can raise concerns anonymously, but it may limit the employer’s ability to investigate and take action. A practical option is confidential reporting to HR, a designated officer, or an external hotline. Employers should still assess risks and take steps to prevent repeat behaviour.
How long do I have to refer sexual harassment to the CCMA?
Time limits depend on the type of dispute you refer. Many referrals must be made within strict statutory timeframes, and late referrals may require condonation. If you are unsure, get advice quickly and keep evidence, dates, and written records of what occurred.
When is an employer liable for sexual harassment by an employee?
An employer may face liability if they knew, or should reasonably have known, and failed to take reasonable steps to address the harassment. Section 60 of the Employment Equity Act is important here. Prompt action, fair investigation, and effective prevention measures reduce liability risk.
Sources
- Department of Employment and Labour code on the prevention and elimination of harassment in the workplace (PDF)
- Employment Equity Act code of good practice on handling sexual harassment cases (gov.za notice page)
- Employment Equity Act 55 of 1998 (PDF)
- Labour Relations Act 66 of 1995 (PDF)
- A.K v Right to Care NPC (Labour Court) (SAFLII)