CODES OF GOOD CONDUCT.3

SEXUAL HARASSMENT.

In terms of the New Amendments to Labour Law, ALL EMPLOYERS must now be compliant and in doing so MUST be in possession Contracts for all staff; Company Rules and all required Codes of Conduct including those for Discipline, Grievance, Sexual Harassment and Hours of Work. YOU as professional employers should also have a specific Code for HIV /AIDS; Recruitment and Screening; Benefits and Training.

You need to start off with what is called a DOCUMENT AUDIT (we have draft forms available) and from there have drafted ALL necessary documents.

From there, you are required to ensure that all staff are fully aware of the content of these books and documents and hence, you will need to conduct Tutorials on each one.

Aside from being in a position to Draft the required documents for you, we also specialise in these Tutorials and have a unique way of handfling these which ensures your complete COMPLIANCE. What follows is a brief overview of a Code for SEXUAL HARASSMENT. If you want the complete sheet the cost is R100:00 and if you want us to draft one specifically for your company, the cost will be R850:00. Please email us at info@labourjustice.com

We at labour Justice supply a monthly Info Sheet to all our clients and those in business and management who need to be constantly updated. This is a free service.

WOULD YOU LIKE TO BE PART OF THIS SERVICE AND RECEIVE OUR MONTHLY INFO SHEET ?
If so, please send an email with your name, company name and telephone number and your position in that company to employerhotline@labourjustice.com  OR lesley@labourjustice.com

CODE OF GOOD PRACTICE -SEXUAL HARASSMENT. 

1 Introduction.
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The intention of this code and very probably of the Government is to eliminate all forms of Harassment in the workplace as well as any prejudice that may exist and this would include things such as racial discrimination; religious discrimination; sexual discrimination and Harassment that may revolve around that discrimination. This information sheet and newsletter is specifically geared to look at Sexual Harassment in the workplace and this topic is not as "cut and dried" as it may first appear to be.All businesses in South Africa should encompass various different codes of good practice including those for discipline, grievance, hours of work, Sexual Harassment, screening and placement, and similar.
We have a comprehensive list of these available for all our subscribers to this Newsletter should you be interested. We have also covered most of the relative Codes of Good Practice necessary in business today in our previous Information Sheets. Should you require any of these, please do not hesitate to give us a telephone call at: 0721768309 or by E-mail info@labourjustice.com In terms of Sexual Harassment, a code of good practice in this regard must provide correct procedures to deal with this type of problem and to prevent its recurrence in the workplace.The Code should encourage and promote the development and implementation of policies and procedures that will lead to the creation of a workplace that is free from all forms of discrimination and in particular (as this is the reason behind this Info Sheet) Sexual Harassment and sexual discrimination, where both employers and employees (theoretically anyway) respect one another's person, integrity and dignity, their privacy and their right to equal treatment and complete equity in the job environment.
As I have written in most of my Information Sheets, whilst it is vital to have such a Code in existence in your workplace, it should be carefully drafted by a professional to match your unique style of management and the industry that you are involved in and thereafter must be made well known to both managers and staff.
Just by the way, Sexual Harassment is not limited only to persons of the female gender but it can also and often does so, include males. Believe it or not, there are various instances where males are subject to Sexual Harassment in the workplace. An example of this could be where a woman applying for a vacancy within a given company, tempts her interviewer - uses her female powers and sexual persuasion in order to get the job. This is very clearly Sexual Harassment and it can neither be condoned nor accepted.
As I am writing this Information Sheet, it has occurred to me in jocular fashion, that many managers I know, would claim that this would be an ideal situation where a lady, either applying for a job or for a senior position, would attempt to use sexual favours to get the job or the senior position. In fact, I am quite sure that it does happen in the workplace.
The problem is that the manager concerned, is being subject to Sexual Harassment and whilst he may not complain about it, he could very well be setting a precedent, because this person, once the vacancy is given to her, may talk/brag, which will lead to an inevitable problem. This type of problem needs to be avoided at all times.
If in any doubt please call 0721768309 and ask for LESLEY or by email to employerhotline@labourjustice.com 

2. WHAT IS SEXUAL HARASSMENT
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In general terms, Sexual Harassment would be conduct of a sexual nature that is unwanted by one of the parties. The unwanted nature of Sexual Harassment does distinguish itself from behaviour that is welcome and mutual in certain areas although perhaps, not in employment.I am sure that in this statement I will have many arguments to the contrary and would welcome these from all readers to this Information Sheet but submit to you that a good broad definition of Sexual Harassment in my opinion, would be divided into three parts in the work place as follows:-
2.1. Personal
Where a person who is the recipient of conduct that he or she considers to be offensive or Sexual Harassment in nature, automatically makes it a reasonable allegation. 2.2 Normal Definitions
(i) A single incident of Harassment perpetrated by one person against another;
(ii) Persistent behaviour that one person considers Sexual Harassment;
(iii) Behaviour considered Sexual Harassment by one of the parties who has made it clear to the other party that this behaviour and conduct is offensive;
(iv) Instances where the perpetrator should have or would have known reasonably that the said conduct would be regarded as unacceptable.

2.3. In the Workplace
With the above said, I would also opine that Sexual Harassment could also be defined as conduct used as weaponry to either obtain a post or higher position or alternatively as blackmail / coercion to get a job done.In this therefore, there are a number of issues which do come to mind and again I stress that I would most welcome feedback from readers.
(i) Where a candidate/job seeker of either gender utilises sex as a possible weapon in order to obtain the vacancy or the job promotion. I have already touched on this very loosely above but submit this can and often does lead to problems.
I do understand the counter-argument that there is no Sexual Harassment between two consenting adults and this I accept. However, is this acceptable in the workplace? My answer to this would be absolutely not.Sex between two consenting adults does have a place but this place is not in the work environment. It is advocated that all Codes of Conduct record that this type of conduct is totally unacceptable to the management of the company and as such, the persons involved may be subject to disciplinary action.It is for this specific reason that many companies are unhappy with employing both the husband and wife or employing a couple that are involved.In various areas this scenario inevitably leads to problems and it is the avoidance of problems that we are actively involved in looking at.

(ii) Mention must be made at this time I believe of the fact that a good ploy to use
by both employees and managers is that of BLACKMAIL where Sexual Harassment is concerned. A scenario here is where certain people would go to a superior to claim that if they do not receive either a promotion or an increase, that they will raise grievance with regard to Sexual Harassment of that manager.Conversely, managers can utilize the proverbial old art of blackmail in order to get an employee to do whatever they want them to do.In either scenario, there must be an adequate system of INVESTIGATING such allegations whilst also giving the accused a chance to defend itself.
(Further, reading the above, there is a great need to investigate the company thoroughly first, conduct an audit appraisement of all documents and procedures and to prepare a Code of Conduct in this instance for Sexual Harassment that meets with the unique style of management of a company and incorporates all of the above).

3. APPLICATION OF A CODE OF PRACTICE -SEXUAL HARASSMENT
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The idea behind such a code of good practice is not to instill a legal requirement per se but in real terms, is intended to GUIDE both employers and employees as to the norms that would be required of them in their conduct and interaction with each other.
As detailed in the above introduction, both the perpetrators and the victims of Sexual Harassment may include absolutely anybody such as, the owners of a business, employers in general, managers, supervisors, employees, job applicants and even clients and suppliers.In fact, there is no limit to who can be a victim and who can be a perpetrator and these could be anybody. Inside the work place, INTERNALLY the Employer has jurisdiction and hence can deal (or should) be able to deal with a problem. Sometimes however, sexual harassment can be perpetrated against an employee from an outsider - a supplier or even clients. This means that there must be TWO DISTINCT PROCEDURES for handling matters concerning Sexual Harassment (and in fact other matters similar to this as well) as follows: -
3.1 Specific Code - Internal
This would encompass everyone involved inside a given company or employer body such as the owner, the employer itself, managers, supervisors and employees.
Should an allegation arise concerning Sexual Harassment from any person internally, then there must be a required mechanism that the person can use to make the allegation (official or initially unofficial - as the case may be and depending upon the circumstances) in order for the company to take required action.
In opinion, this MAY involve inter alia some of the following: -
(i) a very STRICTLY CONFIDENTIAL discussion mechanism with a designated person in whom the alleged victim of Sexual Harassment can confide;

(ii) The designation of very specific persons and normally of the same gender as a complainant in Sexual Harassment, who are conversant with both company procedures and this type of complaint and who are able to advise a complainant accordingly as to both unofficial and official steps that can be taken, leaving it to the complainant to decide which way to go;

(iii) a specific internal procedure to deal in the strictest confidence with the investigation concerning the allegation;

(iv) The ability on behalf of the company to maintain anonymity during the investigation stage of the person alleging to have been subject to Sexual Harassment;

(v) A more official procedure, such as a Grievance, which a complainant can use together with the designated person in support - which procedure carries with it official documentation;

(vi) a disciplinary CODE and procedure to implement whatever discipline as may be necessary concerning the allegation after investigation;

3.2 External Procedure
Where an employee or a company officer believes that they have been subject to Sexual Harassment from an outsider to the company, such as a supplier, client or a contractor, there must also be a specific procedure to deal with this. An outsider does not fall under the employers Jurisdiction, so the complaint must be handled carefully. An idea behind handling a complaint concerning outsiders would include but not be limited to:-
(i) The same sort of confidential reporting procedures as per 2.1 (i) and (iv) above;

(ii) A specific and special investigation procedure to "fact find" and establish whether there is any foundation to the allegation/s and how to deal with them;

(iii) A specific internal procedure in the strictest confidence which can be forwarded to the authority of the outsider concerned and to the satisfaction of the complainant;
(A way of dealing with this type allegation from INSIDE THE COMPANY is to use the INTERNAL GRIEVANCE PROCEDURE although in certain instances places and in different industries, this may not necessarily be the correct vehicle to use.
However, also with a little bit of redrafting, an existing Grievance Procedure can be amended in such a way that a Grievant Employee can still implement the procedure against a person from outside the company. Remember also that whilst the staff member is at work, he or she has to fall under your protection and thus YOU are responsible for them).

4. WHAT CONSTITUTES SEXUAL HARASSMENT?
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This is a very difficult question to answer because Sexual Harassment is not only an unwanted form of abuse in all its manifestations - there is the physical side as well as both verbal and non-verbal conduct as well together with promotional favouritsm. I will elucidate as follows but please remember that these are only examples of what is perceived to be Sexual Harassment and indeed because of the nature of the subject, Sexual Harassment is not limited to these only: -

4.1 Physical Sexual Harassment
As it says, physical Sexual Harassment may include conduct of an overtly sexual nature including unwanted physical conduct ranging from simple touching to sexual assault and rape and this would also include actions such as a STRIP SEARCH by or in the presence of the opposite sex. In example form only therefore, this would mean that if the manager walks past a female employee and touches her on the elbow, she may view this as unacceptable physical conduct and as such "could" raise grievance for Sexual Harassment.It is for this reason that specific codes must be written with even more specific procedures and guidelines in order to ensure that reasonable standards are met by both an alleged perpetrator and an alleged victim.In this, a simple touch on the elbow may not necessarily have with it sexual connotation by the manager involved although it might on the other hand mean something totally different to the staff member involved.
Perhaps it would be wise in a situation such as that for the alleged victim to turn round to her manager and say "I am unhappy with you touching my elbow, please cease and desist from this practice". However, it may not be easy for him / her to do so and hence the need for a nominated member of staff to be available to hear complaints such as this as they arise (no pun intended). Incidences such as this could be written into your booklet but very carefully so.

4.2 Verbal Sexual Harassment
This would include such actions as sexual jokes or unwelcome innuendoes, various suggestions and hints, verbal sexual advances, comments and remarks of a sexual nature.
It would also include such actions as insults or unwelcome graphic comments about a person's body or similar made either in that person's presence or with other people in the company (whether or not the "victim" gets to know about it.). In this instance, a member of staff who hears these comments about another can find it offensive and raise Grievance himself or herself. Verbal Sexual Harassment would also take the form of what would be construed as inappropriate inquiries about a person's sex life and would encompass actions like "sexual whistling" directed at a person or a group of persons in the workplace.

4.3 Non Verbal Sexual Harassment
This would include unwelcome gestures and indecent exposure or the unwelcome display of sexually explicit pictures and objects. It would also encompass the possibility that one employee is busy on the Internet at XXX sites and this viewed by his female colleagues. Objections could be raised in this regard for both sexual and gender discrimination and Harassment.

4.4 Promotion/Job Vacancy Harassment
Where an owner, employer or manager undertakes or attempts to influence the process of employment or promotion in exchange for sexual favours.

4.5 Favouritism
Where a manager rewards only those who respond to his/her sexual advances whilst other more deserving employees who do not submit themselves to these sexual advances are denied promotions or salary increases.

5. INTERNAL POLICY
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It is incumbent upon the employer / manager in practice to create and maintain a dignified working environment in which all employees are respected. This in fact should be reciprocal and in return for the respect shown by the employer, this should freely given by the employee. The element of reasonableness must be a principle within the confines of any given company in South Africa of today and this should, in theory anyway, invoke a climate in which victims, especially of Sexual Harassment, should feel that their "grievances" are not ignored or trivialised nor that they will have any fear of reprisals from management. As an Internal Policy, it is all very well for me to record this in this Information Sheet but it is not that easy to implement.The above, carries with it enormous ramifications especially if not implemented correctly and there is always the downside where a manager, accused of sexual harassment and being only human, may invoke a reprisal attack against the accusing employee. Often, these reprisals are difficult to prove. But the onus is on Senior Management and the Owners to keep a watchful eye over these situations. Reprisal Attacks can be achieved easily through the "veneer of procedural correctness" and hence it becomes vital to instill that atmosphere of mutual respect right in the beginning. And you may say…" right in the beginning of what????" Well!!! Right in the beginning. After you have realized that you need not only a Code for Sexual Harassment but all other codes as well - its up to YOU THE EMPLOYER to bring about the required atmosphere of mutual respect and understanding. It is unfortunately necessary to have various policy statements, a detailed Internal Procedural Booklet encompassing Sexual Harassment, Discipline, Grievance and others as well as a comprehensive Rule Book. Most of these books and documents I will attempt to cover below: -
5.1 Rule Book
Again I am subject to being shouted down on various occasions but would welcome a counter-argument to my belief that every single business operating in South Africa requires a specific book dedicated to internal RULES. It is obvious, and there is no argument from me, that this Book of Rules cannot contain every single possible rule there is, but it should cover the Basic Rules applicable to the company. These rules would incorporate much of what I have written about here today including the definitions of Sexual Harassment and the forms of Sexual Harassment and what will happen to any alleged perpetrator of this. The RULES must always be part of the TERMS AND CONDITIONS OF EMPLOYMENT applicable to each and every employee and this can be easily achieved by quoting its adherence in any Contract or Letter of Employment.
It is again for this reason that we advocate that you call us in or people like us (Yes I am giving an advert again) the professionals, in order to handle this for you because we are the professionals in this area. This is what we specialise in!
5.2 Policy Statements
The employer should express its deep concern and commitment to dealing with any problem of or akin to that of Sexual Harassment and such a Policy Statement should be incorporated with all other Policy Statements in a specific book of this nature.
Whilst it seems that I am advocating that each company must have many different types of books, I do believe that once something is in writing, it is very difficult for anyone else to argue over, hence the need for things like Rules, Internal Procedures and even Policy Statements. A Policy Statement with regard to things like Sexual Harassment can be very easily incorporated into the RULE BOOK as detailed in 5.1
Looking at Policy Statements, however, the following has relevance and should include but not be limited to the following: -
(i) Employees should be told that they, job applicants and all other persons who have dealings with YOUR company, have the right to be treated with respect and dignity;
(ii) That Sexual Harassment in the workplace will not be permitted or condoned;
(iii) A definition of Sexual Harassment should appear in the company RULES;
(iv) That persons who have been subject to Sexual Harassment in the workplace have a right to raise specific grievance about this, should it ever occur and that appropriate action will be taken by the employer including but not limited to a strictly confidential investigation and thereafter implementation of any Disciplinary Action as may be necessary;
(v) That all grievances brought about in terms of Sexual Harassment will be kept in the strictest possible confidence at all times and anonymity will be maintained at the request of the alleged victim;
(vi) That after an investigation and through any Disciplinary Process thereafter, the victim "may" have a say as to the correctability of the alleged perpetrator.

5.3 Within the confines of a Policy Statement AND Procedural Booklet, the expectations are construed to writing and this should create and maintain a climate as reflected in the opening paragraph of this clause. The following should be taken care of, thought about and implemented in writing by an employer:
(i) The fact that all employers, owners and management as well as employees are required to refrain from committing acts of Sexual Harassment (with a clear cut and concise definition of what would be construed as Sexual Harassment);
(ii) That all people involved in the business, owners, managers and employees alike, have a role to play in contributing towards creating and maintaining a working environment in which Sexual Harassment is not acceptable;
(iii) That all outside persons, such as contractors and service people who have dealings with the company are not subject to the Sexual Harassment by anyone from inside including a manager or an employee;
(iv) That all people within the confines of the business desire to make and take appropriate action in accordance with the specific Code of Practice-Sexual Harassment that has been implemented when instances of this Harassment occur in the workplace or are brought to their attention;
(v) That where an outsider attempts to take advantage of what it perceives as "immunity" and subjects one of the employee's of the company to any form of abuse or Harassment, that the company will stand by its employees and take the relevant action.
5.4 Procedural Books-Internal Policy
Yes! I know what you are going to say! That whenever you read one of our newsletters, I am forever advocating the use of Procedural Booklets. But firstly, these Procedural Booklets are not only absolutely vital but are a legal requirement and secondly, as already stated in this newsletter, there is no other way I know of other than to try and avoid problems other than to construe to writing what the Rules and Policies and Procedures are of a specific employer company. Do we make money out of drafting these codes and policies for you? YES OF COURSE. But that is because you do not have that knowledge and expertise and further, spending money to have your policies and procedures drafted professionally is not only PROACTIVE but it will save you costly law suites later. Further, please do not get the wrong idea? I am not advocating a special Disciplinary Procedure only for Sexual Harassment. Rather that your Policy and Procedures in this regard augment what should already be your Internal Code of Discipline - (We covered this one already in two different newsletters and in our management Training - How to Dismiss). The idea to use here is to show that YOU as the employer and manager have a positive attitude towards protecting your employees and understand that these employees are YOUR RESPONSIBILITY during working hours.As such, you will implement a confidential investigation surrounding any allegation of Sexual Harassment (or actually any other form of abuse) and will thereafter implement Disciplinary Action against the alleged perpetrator should indeed the investigation conclude that such Disciplinary Action is warranted.Any Policy Statement or Procedure in terms of Sexual Harassment should inform the employees, who believe themselves to be subject to Sexual Harassment (actually even managers) that: -
(i) All allegations of any form of abuse or Sexual Harassment will be dealt with in a very serious and expeditious manner and very confidentially;
(ii) Employees of YOUR COMPANY will be protected against abuse, intimidation, victimization and Harassment or any retaliation for lodging any form of grievance;
(iii) That employees of the company will be protected against any form of abuse, intimidation or Harassment perpetrated against them from an outsider;

6. PROCEDURES
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I will advise that some of the procedures that should be incorporated will not be limited to but should incorporate some of the following: -
6.1 Internal Grievance
There should be an Internal Grievance Procedure added to the already existing Disciplinary Procedure. This means, very simply, that where an employer has the prerogative to implement Disciplinary Procedures to correct any unacceptable behaviour by an employee, a staff member must have the right to raise Grievance.
This then is the balance. Disciplinary Procedures for the EMPLOYER and Grievance Procedures for the EMPLOYEE (and for goodness sake please remember that. Do not ever believe that YOU or any of your managers have managerial jurisdiction over a Grievance. YOU DON'T)
A grievance procedure is one way of showing that the company is able to deal with and resolve problems brought to them by their employees INTERNALLY.
6.2 These problems would not be limited to Sexual Harassment but would incorporate all problems normally associated with the employees' bar for those where they are unhappy with any Disciplinary Procedure or wage increase.
6.3 Confidential Advice
The problem with an accusation of Sexual Harassment is that such an allegation carries with it very embarrassing and sensitive emotions.
Often, employees may not wish to turn to a formal Grievance Application nor would they necessarily wish to report to either a manager or a colleague.
It is therefore advisable to either have a person from outside of line management who can handle ALLEGED victims in a confidential manner or to build up a relationship with someone from outside who has the necessary skills, expertise and possibly even qualifications to handle such a Grievance or allegation of Sexual Harassment.
In this regard it is necessary perhaps for the company to take an in depth look at itself and to evaluate the calibre of its employees in order to ascertain who would be the right persons to be the "first tier" in an allegation of Sexual Harassment because both Male and Female designates must be involved. The decision-making factors would include but not be limited to:-
(i) A person who has the appropriate skills, experience and expertise or has been properly trained in this type of "counselling";
(ii) A person who would have the required counselling skills and knowledge of relevant Labour Law to be able to provide support and advice on a strictly confidential basis;
(iii) A person who is not necessarily easily intimidated by any form of management nor by any form of the collective employee and could therefore be totally impartial and unbiased.
(iv) The designated person should be of the same gender as the complainant - this would give rise to a necessity to have both a male and a female designates in this regard;
(v) A person who will freely advise the alleged victim and where necessary initiate an internal investigation and thereafter initiate recommendations for preparation of Disciplinary action.
WE AT LABOUR JUSTICE ARE ACTIVELY INVOLVED IN PROVIDING JUST THIS TYPE OF SUPPORT AND COUNSELLING FOR OUR CLIENTS AND THEIR EMPLOYEES.

6.4 Resolving the Problems
Even where an employee (or for that matter a manager) are happy to engage in the Procedure of Grievance, there should be a number of options given to a complaining alleged victim whereby this person can make the decision for themselves as to which way to proceed. The suggested routes are as follows:-
(i) Handle the matter in an informal manner - the designated employee or preferably an outsider brought in to listen to the Complaint, embark upon an investigation and rectify the situation with the alleged perpetrator in a quiet and confidential manner;
(ii) Enter into a formal procedure, which would encompass a Grievance Hearing after investigation with the acceptance of the complainant.
6.4 Informal Procedure
It is advocated that it is often better to have an outsider brought in to handle this type of grievance as it provides normally complete secrecy, confidentiality and protection for the employee concerned.
The said employee is then free to explain to somebody who has no jurisdiction from an employment point of view, exactly what has transpired and how he/she actually feels.
In many instances, it could be a simple case of misunderstanding between two parties and this can be easily handled in a quiet, dignified manner and resolved.
Thereafter, the "Counselor" should engage in a basic investigation calling in the alleged perpetrator and discussing the matter with him or her.
Should it prove necessary, recommendations for Disciplinary Action can be made.
However, where an Informal Procedure has not resolved the situation or if the allegation not only continues but could be of a larger description such as rape or similar, or allegations of strip search, this should invoke a comprehensive investigation for either Disciplinary Action and / or for altering Internal Procedures.
NOTE. ON THIS ONE. I hope you read the last sentence carefully. Do not strip search with opposite sexes and if a Grievance is raised, BE PREPARED TO ALTER PROCEDURES.
6.5 Formal
Where the alleged victim wishes to proceed with an official and formal procedure, the existing Internal Grievance Procedure should be used. If you do not have one then you must have one drafted for you, alternatively if you have one but have not implemented it properly, this must be addressed.
Grievance Procedures have been covered in previous Newsletters.
6.6 Investigation
Again, it is advocated that an outsider should in theory be brought in to handle an investigation concerning allegations of Sexual Harassment due to the very nature of such an allegation. It provides the alleged victim with some form of protection and goes a long way to show that the procedure is not biased.
Clearly, the onus is on the employer to show that any allegation of Sexual Harassment does not make the victim, a victim again in that he or she becomes disadvantaged because they have decided to either make the allegation or invoke an Internal Procedure.
The investigation should be handled by someone who has experience and expertise in this regard and who is diplomatic enough to consult with and counsel both the alleged perpetrator and the alleged victim.
6.7 Disciplinary Action
On completion of an investigative report, a decision should be made as to whether to implement Disciplinary Action or not. Labour Law provides for a situation where an employee may be dismissed for serious misconduct or repeated offences. Further, certain examples of Sexual Harassment may be Dismissable Offences. It is therefore necessary for the employer company to have their own Internal Code of Discipline covering matters such as Sexual Harassment and the sanctions that could be imposed.
Disciplinary Procedures have been covered in previous Information Sheets and Newsletters and we do have AN EXISTING TRAINING PROGRAMME ON CODES OF CONDUCT FOR DISMISSAL/DISCIPLINARY ACTION.
If you are interested please call Lesley on 0721 768 309 or E-mail us at info@labourjustice.com.

7. CRIMINAL AND CIVIL ACTION
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An interesting side issue on all allegations of Sexual Harassment is that both criminal and civil charges can be laid against the alleged perpetrator.
An alleged victim has the legal right to proceed with both separate criminal and/or civil charges against any alleged perpetrator and these legal rights of the victim are in no way limited by any Internal Code involved at a company.

8. UNFAIR LABOUR PRACTICE / C.C.M.A
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Should any allegation of Sexual Harassment (or any other allegation for that matter in terms of a Grievance Procedure) not be handled effectively by the employer or should the employee still believe that the grievance remains unresolved, the parties have the right within 30 days of the Dispute having arisen, to refer the matter to either the C.C.M.A. or a Bargaining Council with jurisdiction in accordance with the provisions of Section135 of the Labour Relations Act. Should the dispute be unresolved thereafter, the parties may refer to the Labour Court within 30 days upon receipt of the Certificate of Outcome.

9. ADDITIONAL INFORMATION TO TAKE INTO ACCOUNT IN YOUR INTERNAL CODE OF CONDUCT
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9.1 Confidentiality
As detailed right through this Information Sheet complete confidentiality should be maintained at all times especially with regard to any allegations of Sexual Harassment.
The identities of the persons involved should be kept strictly confidential initially.
9.2 Sick Leave and Counselling
Where necessary and where the allegation is not only proven correct but where the victim is suffering emotional trauma, the company should take a serious look at assisting the employee to obtain both medical advice and counselling.
In situations where the Sick Leave entitlement for the employee has been exhausted, a good manager should give due consideration to granting additional Sick Leave.
9.3 Matters such as Sexual Harassment, Codes of Discipline, Grievances and similar should not only be used as part of the Terms and Conditions of Employment applicable to all employees but should also be addressed in terms of both tuition and training programmes of employees AND MANAGEMENT so that they become fully aware of these procedures and Policy Statements.
9.4 Note Collective Agreements
Cognizance must be taken with all Codes of Conduct and Practice with regard to any Collective Agreement, which is in force and has jurisdiction over your company. Any Collective Agreement and any Codes applicable to those Collective Agreements are naturally applicable to all companies over which the Collective Agreement has jurisdiction.

10. TRAINING
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Please note that we at LABOUR JUSTICE do have a sophisticated Training Programme aimed at teaching both managers and employees with in regard to their Rights and implementation of Codes of Conduct for Sexual Harassment and similar. This training takes the form of In-house Training and where possible, we also attempt to implement a document and Company Audit to ascertain the style of management applicable at any given company so that we can make recommendations for Internal Books and Procedures and Policies.
Should you be at all interested in any one of these services, please do not hesitate to give us a call or e-mail us at any time.

Please note that we at LABOUR JUSTICE are experts at investigating a specific company and recommending an appropriate procedure and code of conduct in all spheres, including but not limited to Sexual Harassment, discipline, grievance and similar. It is for this reason that we always advocate preparing what is called a PROCEDURAL AND DOCUMENT AUDIT within the confines of any specific and given company so that we are in a position to know how the company operates, to understand the unique style of management and to recommend various procedures and codes (including those for Sexual Harassment, grievance, discipline and the like) to augment the existing management style of an individual and specific company.

It is hoped that you have enjoyed reading this month's Newsletter and look forward to next month where we will be covering the all-important issue of AIDS AND H.I.V. IN THE WORK PLACE.

LABOUR JUSTICE Tel: 0721768309 E-mail: info@labourjustice.com

We also have all back editions of the information sheets / newsletter as required.
Topics: Hours of work; Disciplinary process; Content of Employment Contracts; Dismissals; New Amendments; and Others.

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