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01/09/2022

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MEDIA RELEASE

31 August 2022

Inform your employees about the contents of your harassment Policies-Department of Employment and Labour

The Director: Employment Equity, Ntsoaki Mamashela, told the combined Department of Employment and Labour and Commission for Conciliation, Mediation and Arbitration’s(CCMA) Employment Equity roadshow that employers should effectively communicate the contents of harassment policies to all employees.

“In terms of Section 60 of the Employment Equity Act, employers are under obligation to take proactive and remedial steps to prevent all forms of harassment in the workplace. This includes an assessment of the risk of harassment that employees are exposed to while performing their duties as far as is reasonably practicable”, she said.

Mamashela told employers that they should have an attitude of zero-tolerance towards harassment. “You should create and maintain a working environment in which the dignity of employees is respected and a conducive climate in which employees who raise complaints about harassment will not feel that their grievances are ignored or trivialised, or fear reprisals”.

She told employers to make sure that their harassment policies contain procedures to be followed by the complainant when they encounter harassment as well as for the employer when harassment is alleged. She highlighted that harassment policies must also contain an outline of information on the availability of counselling, treatment, care and support programs for employees who are victims of harassment.

“In terms of the Employment Equity Act, failure to take adequate steps to eliminate harassment once an allegation of harassment by an employee has been submitted within a reasonable time, will render the employer vicariously liable for the conduct of the culprit or wrongdoer.

The chairperson of the Employment Equity Commission (EEC), Tabea Kabinde, presented the status of the province in terms of affirmative action. She told the gathering that she is embarrassed by the snail-speed of change in the province and the country as a whole. Kabinde explained that the Commission believes that the current EE amendments, which would empower the Minister to regulate the sector specific EE targets are envisaged to become critical catalysts that would expedite the pace of transformation in the labour market.

According to the Chairperson, the assenting of the Employment Equity Amendment Bill will speed up affirmative action in the country as the Minister of Employment and Labour will regulate sector specific EE targets and will be used as criteria for issuance of EE Compliance Certificate in terms of Section 53 of the EE Act.

Commissioner Dube, from the CCMA reiterated the call by Mamashela that employers effectively communicate policies to their employees. He said “The policy must be explained to employees and not just be displayed on the noticeboard”.

The roadshows held under the theme: “Real transformation makes business sense”, are continuing as follows:

KwaZulu-Natal
Durban (01 September 2022) – Olive Convention Centre, 1 Somtseu Rd, North Beach, Durban
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

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