The Legal Framework in Sexual Harassment Cases.

ABSTRACT Sadly, in addition to being cutting-edge, the modern-day workplace is also increasingly cut-throat, having become a breeding ground for interpersonal violence, including bullying and (sexual) harassment. In South Africa, the country's notorious problem with violence in broader society is perhaps partly to blame. Yet, when workplace bullying/harassment intersects with employee depression, this could be a double punch with which very few workplaces are able to cope. The issue of workplace violence undoubtedly requires attention: from the 1944 Declaration of Philadelphia to the 2019 International Labour Organisation Recommendation 206 and Convention 190 call for a world of work free from violence and harassment. South Africa's National Development Plan, too, confirms every person's right to a working life that is conducive to productivity and embraces freedom, equality, human dignity and security. Nevertheless, South African employers and lawmakers remain sluggish in their response. This article adds momentum to the process (i) by defining workplace violence, and bullying and (sexual) harassment as forms thereof; (ii) by discussing the double punch of bullying/harassment and depression; and (iii) by establishing whether the South African legal framework sufficiently provides for bullied and harassed employees, particularly also those who consequently/already suffer from depression. Bullying is not recognised as a cause of action under South African law, and the Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace 2005, while commendable, has no legal force. Furthermore, although depression may be seen as a disability in certain circumstances requiring reasonable accommodation from the employer, not all instances qualify. Recommendations are made to overcome these and other lacunae in the legal framework. However, since it will take more than laws and codes to ward off the double punch of workplace bullying/harassment and depression, additional measures are proposed, at both the levels of society and employers. Keywords: Depression; bullying; workplace violence; dignity; employees; harassment.

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The Regulation of Workplace Sexual Harassment in Greece: Legislation and Case Law Analysis

International Journal of Discrimination and the Law ◽

10.1177/135822910500700406 ◽

2005 ◽

Vol 7 (1-4) ◽

pp. 169-186

Author(s):

Konstantinos D. Magliveras

Keyword(s):

Sexual Harassment ◽

Present Article ◽

Case Law ◽

Legal Framework ◽

Criminal Code ◽

Civil Code ◽

The State ◽

Labour Law ◽

Employment Contracts ◽

Legislative Measures

Although it is a well-known fact that sexual harassment is a common practice in Greek workplaces carried out both by employers and fellow employees, the State has not adopted any relevant civil and/or criminal legislative measures specifically to deal with it. However, there exists a general legal framework consisting of provisions in the Constitution, in the Civil Code, in the Criminal Code, and in various collective employment contracts, as well as general principles of Labour Law. Arguably, this framework does not afford to victims of sexual harassment a satisfactory regime for seeking redress. The present article analyses this legal framework and, on the basis of the applicable case law, shows how it has been applied in practice and how, on occasion, the courts have expanded its scope to overcome legislative shortcomings.

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The legal framework in sexual harassment cases.

Understanding sexual harassment: Evidence-based forensic practice (2nd ed.). ◽

10.1037/0000239-003 ◽

2021 ◽

pp. 49-101

Author(s):

William E. Foote ◽

Jane Goodman-Delahunty

Keyword(s):

Sexual Harassment ◽

Legal Framework

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The law and sexual harassment in the physiotherapy work environment in South Africa

South African Journal of Physiotherapy ◽

10.4102/sajp.v63i3.142 ◽

2007 ◽

Vol 63 (3) ◽

Author(s):

L. Bütow-Dütoit ◽

C. A. Eksteen ◽

M. De Waal

Keyword(s):

South Africa ◽

Sexual Harassment ◽

Work Environment ◽

Healthcare Professionals ◽

Legal Framework ◽

Legal Principles ◽

The Law

This paper presents the legal framework within which sexual harassment of healthcare professionals, including physiotherapists, may be managed in their work environment in South Africa. According to both international and national legal principles, sexual harassment is considered a form of discrimination. There are various statutes in South Africa that may assist physiotherapists when they seek redress after being sexually harassed. These entail labour-related laws, laws aimed at removing all forms of discrimination, as well as the criminal and civil pathways of seeking justice.

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