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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notice of Code of Good Practice on the Handling of Sexual Harassment cases

3. Definition of sexual harassment

 

 

1) Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual.

 

2) Sexual attention becomes sexual harassment if :
a) The behaviour is persisted in, although a single incident of harassment can constitute sexual harassment; and/or
b) The recipient has made it clear that the behaviour is considered offensive; and/or
c) The perpetrator should have known that the behaviour is regarded as unacceptable.