POLICY ON THE PREVENTION AND ELIMINATION OF HARASSMENT IN THE WORKPLACE (Employment Equity Act 1998)
Government Gazette 46056 15 March 2022
POL010 | 1 June 2023
The Policy Statement
Wisani Burial Society is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work. Wisani Burial Society will operate a zero tolerance policy for any form of harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of harassment. Any person found to have harassed another will face disciplinary action, up to and including dismissal from employment.
All complaints of harassment will be taken seriously and treated with respect and in confidence. No one will be victimised for making such a complaint.
Objectives of this Policy
In consultation with representative employers’ and workers’ organizations, an inclusive, integrated and gender-responsive approach for the prevention and elimination of violence and harassment in the world of work. Such an approach should take into account violence and harassment involving third parties, where applicable, and includes:
(a) Application of this Code prohibiting in law violence and harassment;
(b) Ensuring that relevant policies address violence and harassment;
(c) Adopting a comprehensive strategy in order to implement measures to prevent and combat violence and harassment;
(d) Establishing or strengthening enforcement and monitoring mechanisms;
(e) Ensuring access to remedies and support for victims;
(f) Provisions for sanctions;
(g) Developing tools, guidance, education and training, and raising awareness, in accessible formats as appropriate; and
(h) ensuring effective means of inspection and investigation of cases of violence and harassment, including through labour inspectorates or other competent bodies.
Definition of harassment
For the purpose of this Policy:
(a) the term “violence and harassment” in the world of work refers to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment;
(b) the term “gender-based violence and harassment” means violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately, and includes sexual harassment and harassment of the LGBTQIA+ community.
Harassment is unwanted conduct of any nature which impairs dignity and/or makes a person feel offended, humiliated or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient.
Types of Harassment
Harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behaviour which constitute harassment include, but are not limited to:
Physical conduct
Unwelcome physical contact
Physical violence, including sexual assault and conduct of a criminal nature
The use of job-related threats or rewards to solicit specific behaviour
Verbal conduct
Comments on a worker’s appearance, age, private life, etc.
Sexual comments, stories and jokes
Sexual advances
Repeated and unwanted social invitations for dates or physical intimacy
Insults based on the sex or LGBTQIA+ orientation of the worker
Condescending or paternalistic remarks
Sending sexually explicit messages (by phone or by email)
Non-verbal conduct
Display of sexually explicit or suggestive material
Sexually-suggestive gestures
Whistling
Leering
Repeated or serious conduct
As a result of a pattern of persistent conduct
A single incident of a serious nature
Bullying
Conduct calculated to offend
Hostile work environment
Exists when conduct in the workplace impacts on the dignity of one or more employees
Has a negative impact on a person’s ability to work
Abusive conduct by clients, the public or customers
Slandering or spreading rumours
Insults
Sabotage, obstruction, boycotting or exclusion
Intolerance of psychological, medical, disability or personal circumstances
Surveillance with harmful intent
Abuse of disciplinary procedures, demotion without justification, pressuring an employee to resign
Withholding or supplying incorrect work related information
Sexual harassment
Physical conduct of a sexual nature e.g. kissing, touching
Strip searching including persons of the same sex
Following, watching, pursuing
Suggestions, messages, proposals of a sexual nature
Implied or expressed threats of reprisal
Verbal conduct such as innuendos, suggestions, hints, sex-related jokes
Non-verbal conduct such as gestures, indecent exposure, pictures, messages
Racial, Ethnic or Social Origin harassment
Racist conduct including derogatory language, racist jokes, cartoons, memes, hate speech
Written or visual material including on-line harassment
Racist name calling
Threatening behaviour
Subtle or blatant exclusion from workplace interaction
Anyone can be a victim of harassment, regardless of their sex and of the sex of the harasser. Wisani Burial Society recognises that harassment may also occur between people of the same sex. What matters is that the conduct is unwanted and unwelcome by the person against whom the conduct is directed.
Wisani Burial Society recognises that harassment can also be a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee.
Anyone, including employees, owners, employers, managers, supervisors, job applicants, interns, apprentices, learners of Wisani Burial Society, clients, customers, suppliers, casual workers, contractors or visitors who harasses another will be reprimanded in accordance with this internal policy.
All harassment is prohibited whether it takes place within Wisani Burial Society’ workplace, places where employees take breaks, eat, are paid, washes, changes including sanitary facilities or outside, including at social events, work related trips, training sessions or conferences. Also included is work related commuting, accommodation, information and communication technologies and internet based platforms.
Complaints procedures
Anyone who is subject to harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. Wisani Burial Society recognises that harassment may occur in unequal relationships (i.e. between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser.
If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated staff members responsible for receiving complaints of harassment. This person could be another supervisor, a member of the human resources department, etc.
When a designated person receives a complaint of harassment, he/she will:
immediately record the dates, times and facts of the incident(s)
ascertain the views of the victim as to what outcome he/she wants
ensure that the victim understands the company’s procedures for dealing with the complaint
discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
keep a confidential record of all discussions
respect the choice of the victim
on the victim's own choice, he/she may inform the HR department, Senior Management by means of a message on the Whatsapp Platform OR internal e-media.
ensure that the victim knows that they can lodge the complaint outside of the company through the relevant legal framework (SAPS)
Throughout the complaints procedure, a victim is entitled to be helped by a counsellor within the company. Wisani Burial Society will nominate a number of counsellors and provide them with special training to enable them to assist victims of harassment. Wisani Burial Society recognises that because harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. Wisani Burial Society understands the need to support victims in making complaints.
Informal complaints mechanism
If the victim wishes to deal with the matter informally, the designated person will:
give an opportunity to the alleged harasser to respond to the complaint
ensure that the alleged harasser understands the complaints mechanism
facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the company to resolve the matter
ensure that a confidential record is kept of what happens
follow up after the outcome of the complaints mechanism to ensure that the behaviour has stopped
ensure that the above is done speedily and within 7 days of the complaint being made
Formal complaints mechanism
Ensure easy access to appropriate and effective remedies and safe, fair and effective reporting and dispute resolution mechanisms.
If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter.
The designated person who initially received the complaint will refer the matter to a senior human resources manager to initiate a formal investigation. The senior human resources manager may deal with the matter him/herself or refer it to a committee of three others in accordance with this policy.
The person carrying out the investigation will:
interview the victim and the alleged harasser separately
Interview other relevant third parties separately
Decide whether or not the incident(s) of harassment took place
Produce a report detailing the investigations, findings and any recommendations
If the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e.- an apology, a change in working arrangements, a promotion if the victim was demoted as a result of the harassment, training for the harasser, discipline, suspension, dismissal)
Follow up to ensure that the recommendations are implemented, that the behaviour has stopped and that the victim is satisfied with the outcome
If it cannot determine that the harassment took place, he/she may still make recommendations to ensure proper functioning of the workplace
Keep a record of all actions taken
Ensure that the all records concerning the matter are kept confidential
Ensure that the process is done as quickly as possible and in any event within 7 days of the complaint being made
Protection of Victims
Protect the privacy of those individuals involved and ensure that requirements for privacy and confidentiality are not misused;
Provide for sanctions, where appropriate;
Provide that victims of gender-based violence and harassment to have effective access to gender-responsive, safe and effective complaint and dispute resolution mechanisms, support, services and remedies;
Ensure that workers have the right to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life, health or safety due to violence and harassment, without suffering retaliation or other undue consequences, and the duty to inform management; and
ensure that labour inspectorates and other relevant authorities, as appropriate, are empowered to deal with violence and harassment, including by issuing orders requiring measures with immediate executory force, and orders to stop work in cases of an imminent danger to life, health or safety, subject to any right of appeal to a judicial or administrative authority which may be provided by law.
Sanctions and disciplinary measures
Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:
verbal or written warning
adverse performance evaluation
transfer
demotion
suspension
dismissal
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.
Implementation of this policy
Wisani Burial Society will ensure that this policy is widely disseminated to all relevant persons. All new employees must be trained on the content of this policy as part of their induction into the company.
Every year, Wisani Burial Society will require all employees to attend a refresher training course on the content of this policy.
It is the responsibility of every manager to ensure that all his/her employees are aware of this policy. Employers and workers and their organizations are provided with guidance, resources, training or other tools, in accessible formats as appropriate, on violence and harassment, including on gender-based violence and harassment.
Monitoring and evaluation
Wisani Burial Society recognises the importance of monitoring this harassment policy and will ensure that it anonymously collects statistics and data as to how it is used and whether or not it is effective.
Supervisors, managers and those responsible for dealing with harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes needed.
Disclaimer:
This information is proprietary to Wisani Burial Society, is strictly confidential and may only be used for the purpose for which it has been provided.
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