The new workplace Code of Conduct is turning many grey areas ‘black and white’ – Photo: Unsplash
The new workplace Code of Conduct is turning many grey areas ‘black and white’ – Photo: Unsplash
Remember the other day we told you that a new ‘Code of Conduct’ for employers and employees had been adopted in South Africa? We brought you the news that minor transgressions – like unsolicited sarcasm and eye-rolling – would now be punishable under new workplace harassment laws.
But wait, there’s more…
New workplace laws bring Code of Conduct into play
Further digging into the 30-page document reveals the updated and extended definition of ‘unwanted conduct’ – some of which is classed as sexual harassment. In there, a whole new list of inappropriate behaviours has been outlined, and guilty parties could end up losing their jobs – or face a CIVIL law suit.
The refreshed workplace laws, which replace existing legislation on workplace harassment, are certainly an eye-opener. South Africa’s new Code of Conduct provides clear and extensive advise to both employers and employees, about what constitutes unfair behaviour between colleagues, superiors, and subordinates.
“This Code identifies the steps employers must take to eliminate harassment, including the development and implementation of policies that create workplaces which are free from harassment, in which employers and employees respect each other’s dignity, privacy, and their rights to equality.”
Department of Labour
From wolf-whistling to sex jokes – here’s what will be banned
Section 5.2 identifies behaviours that are consistent with unwanted conduct and potential sexual harassment. Several questionable actions, which have previously been identified as grey areas, are now implicitly outlawed in black and white. You can read the legislation IN FULL here.
Non-physical and non-verbal acts can be classed as harassment under these new workplace laws. Whether it’s a joke in extremely bad taste, or even an inappropriate noise, workers can no longer act with impunity.
The full list of ‘unwanted conduct’, outlawing certain behaviours, is as follows:
- Physical conduct of a sexual nature.
- Non-consensual strip-searching.
- Following, watching, or pursuing an employee extensively.
- Sexual attention including advances and proposals.
- Implied threats of reprisal to comply with sexual requests.
- Verbal conduct, such as innuendos or overtly sexual jokes.
- Whistling of a sexual nature, i,e wolf-whistling.
- Non-verbal conduct, such as graphic gestures or sending sexually explicit messages.
