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EMPLOYMENT A BETTER PLACE TO WORK · Asma Cachalia Associate T +27 (0)11 562 1333 E [email protected] Tamsanqa Mila Associate T +27 (0)11 562 1108 E [email protected]

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Page 1: EMPLOYMENT A BETTER PLACE TO WORK · Asma Cachalia Associate T +27 (0)11 562 1333 E asma.cachalia@cdhlegal.com Tamsanqa Mila Associate T +27 (0)11 562 1108 E tamsanqa.mila@cdhlegal.com

PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE

EMPLOYMENT

A BETTER PLACE TO WORK

Page 2: EMPLOYMENT A BETTER PLACE TO WORK · Asma Cachalia Associate T +27 (0)11 562 1333 E asma.cachalia@cdhlegal.com Tamsanqa Mila Associate T +27 (0)11 562 1108 E tamsanqa.mila@cdhlegal.com

WHAT IS SEXUAL HARASSMENT?

" Sexual harassment is the most heinous misconduct that plagues a workplace; not only is it demeaning to the victim, it undermines the dignity, integrity and self-worth of the employee harassed. The harshness of the wrong is compounded when the victim su�ers it at the hands of his/her supervisor. Sexual harassment goes to the root of one’s being and must therefore be viewed from the point of view of a victim: how does he/she perceive it, and whether or not the perception is reasonable."

Motsamai v Everite Building Products (Pty) Ltd [2011] 2 BLLR 144 (LAC)

+ =

PHYSICAL

VERBAL

UNWANTED SEXUAL

ATTENTION

NOT WELCOME

OR MUTUALNON-VERBAL

Page 3: EMPLOYMENT A BETTER PLACE TO WORK · Asma Cachalia Associate T +27 (0)11 562 1333 E asma.cachalia@cdhlegal.com Tamsanqa Mila Associate T +27 (0)11 562 1108 E tamsanqa.mila@cdhlegal.com

Employers who ignore sexual harassment not only fail in their ethical responsibility to their employees but also open themselves up to extensive financial risk and serious reputational damage. These risks can be alleviated by equipping employees, through education and training, with the right skills to properly deal with sexual harassment. Properly trained employees should be able to identify, act on and prevent incidents of sexual harassment in the workplace.

CDH o�ers "A better place to work", an eLearning module created by legal experts in conjunction with teaching specialists, to help employers address sexual harassment in the workplace.

"A better place to work" is an interactive, 40 minute (approx.) online module, which will enable employers to educate their employees and implement consistent, comprehensive and e�ective training on sexual harassment in the workplace. The

A BETTER PLACE TO WORK:

Sexual harassment is morally reprehensible behaviour that must be eradicated in the workplace.

"A better place to work" eLearning module allows for productive, cost e�ective access to training by an employee, at a time convenient to the employee, and irrespective of his or her geographical location.

The Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace requires employers to include sexual harassment as part of their orientation, education and training programmes. "A better place to work" allows employers to meet this requirement and e�ectively monitor compliance with the training. The training can also be included in the employer's annual Employment Equity Act reports, and skills development reports for SETA purposes.

Page 4: EMPLOYMENT A BETTER PLACE TO WORK · Asma Cachalia Associate T +27 (0)11 562 1333 E asma.cachalia@cdhlegal.com Tamsanqa Mila Associate T +27 (0)11 562 1108 E tamsanqa.mila@cdhlegal.com

eLearning Module on Sexual Harassment in the Workplace developed by subject matter experts in conjunction with teaching experts. Empowers learners with greater appreciation and understanding of what constitutes sexual harassment, how to identity sexual harassment and what to do if it should occur.

The module provides the learner with the skills required to: • Understand what sexual harassment is• Identify di�erent types of sexual harassment• Recognise the role players that may be

involved in sexual harassment • Know what to do if faced with sexual

harassment

Learning occurs in an interactive, lifelike way. The module starts with introducing the learner to important concepts. The learner is then taken through 4 di�erent practical scenarios, demonstrating comprehensively the many ways in which sexual harassment may play out in the

A BETTER PLACE TO WORK: SUMMARY OF THE PRODUCT

workplace, and equipping the learner with the skills to identify, and take the appropriate action if this should occur.

The eLearning module includes multiple assessments, at various stages, to test the learners' understanding of sexual harassment, including a final assessment at the end of the module in which the learner will need to obtain 80% to pass.

Benefits of the Product: • Simple and understandable• Training and awareness • Reduce the time employees spend in training• More e�ective learning through involvement

of eLearning experts• Employee's understanding can be monitored

and evaluated • Greater e�ciency as it allows the employee

to complete the modules in their own time• Improves employers' compliance levels• Assists in reducing the number of HR and/or

legal issues around sexual harassment. • Reduce costs• Risk mitigation

Page 5: EMPLOYMENT A BETTER PLACE TO WORK · Asma Cachalia Associate T +27 (0)11 562 1333 E asma.cachalia@cdhlegal.com Tamsanqa Mila Associate T +27 (0)11 562 1108 E tamsanqa.mila@cdhlegal.com

Aadil PatelNational Practice Head DirectorT +27 (0)11 562 1107E [email protected]

Jose JorgeDirector T +27 (0)21 481 6319E [email protected]

Fiona LeppanDirectorT +27 (0)11 562 1152E [email protected]

Gillian LumbDirectorT +27 (0)21 481 6315E [email protected]

Hugo PienaarDirectorT +27 (0)11 562 1350E [email protected]

Thabang RapulengDirectorT +27 (0)11 562 1759E [email protected]

Michael YeatesDirectorT +27 (0)11 562 1184E [email protected]

Mohsina CheniaExecutive ConsultantT +27 (0)11 562 1299E [email protected]

Faan CoetzeeExecutive ConsultantT +27 (0)11 562 1600E [email protected]

Avinash GovindjeeConsultantM +27 (0)83 326 5007E [email protected]

Riola KokConsultantT +27 (0)11 562 1748E [email protected]

Anli BezuidenhoutSenior AssociateT +27 (0)21 481 6351E [email protected]

Sean JamiesonSenior AssociateT +27 (0)11 562 1296E [email protected]

Bheki NhlaphoSenior AssociateT +27 (0)11 562 1568E [email protected]

Asma CachaliaAssociateT +27 (0)11 562 1333E [email protected]

Tamsanqa MilaAssociateT +27 (0)11 562 1108E [email protected]

OUR TEAMFor more information about our Employment practice and services, please contact:

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Our BBBEE verification is one of several components of our transformation strategy and we continue to seek ways of improving it in a meaningful manner.

PLEASE NOTE

This information is published for general information purposes and is not intended to constitute legal advice. Specialist legal advice should always be sought in

relation to any particular situation. Cli�e Dekker Hofmeyr will accept no responsibility for any actions taken or not taken on the basis of this publication.

JOHANNESBURG

1 Protea Place, Sandton, Johannesburg, 2196. Private Bag X40, Benmore, 2010, South Africa. Dx 154 Randburg and Dx 42 Johannesburg.

T +27 (0)11 562 1000 F +27 (0)11 562 1111 E [email protected]

CAPE TOWN

11 Buitengracht Street, Cape Town, 8001. PO Box 695, Cape Town, 8000, South Africa. Dx 5 Cape Town.

T +27 (0)21 481 6300 F +27 (0)21 481 6388 E [email protected]

STELLENBOSCH

14 Louw Street, Stellenbosch Central, Stellenbosch, 7600.

T +27 (0)21 481 6400 E [email protected]

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FOR MORE INFORMATION ON THIS ELEARNING MODULE, PLEASE CONTACT A MEMBER OF OUR EMPLOYMENT TEAM