SEXUAL HARASSMENT IN WORKPLACE
Whasup messages suggesting payment in other ways that in monetary values for repairs done on my private PC.
Director superior only responded to the messages from my phone by warning him to keep it professional.
Then instructed me to delete the messages and block the perpitrator’s number.
No further actions were taken against this individual as his father is in the owner of the business… he was not even made aware of it.
I still had to endure the last 3 months spending time in the office during the times that he did come in… having to tolerate the anxiety that it created and un-comfortableness as a woman not knowing in which way he is looking at me. It disgusted me.
If sexual harrasment occurred and managment did not impose any disciplincary action against the offender can I still claim emotional damage as I still had to endure working with this individual 3 months after the incident and still… I am thinking of resigning as I can no longer tolerate it? I also dont have money for expensive lawyers… ??
Section 60 of the Employment Equity Act says that in any allegation of sexual harassment in the workplace brought to the attention of the employer, he(employer) must consult all relevant parties and must take the necessary steps to eliminate the alleged conduct. The EEA further states that the employer who fails to take these steps to address the incident can be held liable.
On the other hand, the Labour Relations Act in its code of good practice gives ways of dealing with sexual harassment. Formal action:example, lodge your grievance through the appropriate process provided for by the company. Informal action: example, by talking to the perpetrator or even the manager about the incident.
You see, though you have followed the process by reporting it to the manager informally, you did not have it recorded. Evidence is very important in the event you resigned and decided to take the matter up. I suggest you must not rush to resignation. Our courts have heard time and time again that resignation must be last resort in constructive dismissal cases. I think what you can do as your first step is to lodge a formal grievance complaint against the perpetrator.