Employees must be aware of the seriousness of inappropriate behaviour in the workplace
After the landmark sexual harassment case involving Real Security in 2003, employers knew the dire consequences if they did not take decisive action in this area. The automatically unfair dismissal claim was based on the fact that the employee was forced to resign because her employer allowed her to be discriminated against by the supervisor who sexually harassed her.
The Court cited section 60 of the Employment Equity Act that says:
- “If it is alleged that an employee, while at work, contravened a provision of this Act, or engaged in any conduct that, if engaged in by the employee’s employer, would constitute a contravention of this Act, the alleged conduct must immediately be brought to the attention of the employer.
- The employer must consult all the relevant parties and must take all the necessary steps to eliminate the alleged conduct and comply with the provisions of this Act.
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