Workplace Harassment in South Africa: Protect People, Avoid Liability
Workplace harassment is no longer just an HR issue
In today’s regulatory environment, workplace harassment is not simply a human resources concern—it is a serious governance risk, legal liability, and reputational threat.
For directors and business owners, there is a clear fiduciary duty to take proactive steps to prevent harassment and protect employees. Failure to do so can expose a business to civil claims, CCMA disputes, Labour Court litigation, and even personal liability for decision-makers.
Beyond legal exposure, harassment incidents can severely damage:
- Employee morale and retention
- Investor and stakeholder confidence
- Brand reputation and public trust
A single unresolved complaint can have long-lasting consequences for a business.
The legal risk for employers in South Africa
Since the introduction of the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022), employers are expected to take active and preventative steps to ensure a safe working environment.
Non-compliance can result in:
- CCMA disputes, including constructive dismissal claims
- Labour Court proceedings
- Civil damages claims
- Reputational damage affecting business sustainability
Importantly, the law requires employers not only to respond to harassment—but to prevent it where reasonably possible.
Case example: Employer liability for failing to act
The case of Liberty Group Limited v Masango illustrates the serious consequences of inaction.
In this matter, an employee reported repeated sexual harassment by her manager. Although the employer referred her to its internal policy, it failed to take meaningful steps to investigate or resolve the complaint.
The Labour Appeal Court found that the employer had not taken reasonable steps to address the situation in terms of the Employment Equity Act. As a result, the company—not the individual perpetrator—was held liable and ordered to pay damages.
This case confirms three critical legal principles:
- Employers must act promptly when harassment is reported
- Passive or procedural responses are not sufficient
- Failure to act can result in direct financial liability
The legal framework governing workplace harassment
Workplace harassment in South Africa is regulated primarily by the Employment Equity Act (EEA) and supported by the 2022 Code of Good Practice.
The Code:
- Defines harassment as unwanted conduct that violates dignity or creates a hostile environment
- Applies to physical, verbal, digital, and remote workplace conduct
- Covers employees, contractors, clients, suppliers, and job applicants
- Is used by the CCMA and Labour Courts to assess employer conduct
Although technically a “Code,” it is applied as enforceable guidance in dispute resolution, meaning employers are expected to comply in practice.
Types of workplace harassment recognised in South African law
Workplace harassment can take many forms, including:
1. Sexual harassment: Unwanted conduct of a sexual nature, including advances, comments, gestures, or behaviour that creates a hostile or uncomfortable working environment.
2. Bullying and intimidation: Repeated verbal abuse, exclusion, threats, or manipulation that affects an employee’s dignity or psychological wellbeing.
3. Racial, religious, or ethnic harassment: Offensive remarks, jokes, or conduct based on race, culture, or religion that creates a discriminatory environment.
4. Digital or online harassment: Cyberbullying, inappropriate messaging, or exclusion via email, messaging platforms, or virtual meetings.
Employer duties: Prevention is not optional
Employers are expected to take proactive and reasonable steps to prevent harassment in the workplace. This includes:
- Implementing a clear zero-tolerance policy
- Educating employees on acceptable behaviour
- Ensuring accessible grievance procedures
- Conducting risk assessments
- Training staff and management
- Monitoring workplace culture and reporting patterns
Prevention is a continuous obligation, not a once-off policy exercise.
How employers should handle a workplace harassment complaint
When a complaint is received, employers must act quickly and fairly:
1. Record and acknowledge the complaint: Ensure the complaint is documented properly and treated confidentially.
2. Protect the affected employee: Take immediate steps to ensure safety, which may include workplace adjustments or interim protective measures.
3. Investigate the matter: Conduct a fair, impartial investigation. In complex cases, an external investigator may be appropriate.
4. Apply disciplinary procedures: If misconduct is confirmed, proceed with a disciplinary hearing in line with company policy and labour law.
5. Implement corrective action: Sanctions may include warnings, suspension, or dismissal depending on severity.
6. Monitor and follow up: Ensure ongoing support for affected employees and review workplace culture risks.
Building a harassment-free workplace culture
A compliant workplace is not only about reacting to complaints—it is about preventing them through culture and structure.
Effective prevention strategies include:
- Clear disciplinary codes of conduct
- Formal grievance procedures with safe reporting channels
- Anonymous reporting systems
- Regular training and awareness campaigns
- Leadership accountability and consistent enforcement
- Continuous policy review and risk assessment
A strong workplace culture is the most effective safeguard against harassment claims.
How COFESA assists employers
COFESA provides expert labour law support to help employers manage workplace harassment effectively and legally, including:
- Drafting workplace harassment and disciplinary policies
- Conducting workplace investigations
- Managing grievance procedures
- Preparing and chairing disciplinary hearings
- Risk assessments and compliance audits
- CCMA and Labour Court representation
- Employer training and advisory services
Our approach focuses on legal compliance, risk prevention, and practical workplace solutions.
Contact Cofesa today-Nationwide assistance
011 679 4373 | 082 888 9514 | info@cofesa.co.za
