Management has certain obligations in terms of the Code which the trade union needs to see are enforced. These include:

• Adopting a sexual harassment policy in line with the 2005 Code
  The Code does not say how a policy should be adopted but certainly it should be done in consultation with union representatives and employees.
  The failure to adopt a workplace policy could impact on the employer’s liability in the future.

• Communicate the policy to employees
  An employer must communicate the policy effectively to employees. The employer must therefore take active steps to provide education and training on sexual harassment and people’s rights and obligations in the workplace.

• Conduct investigations
  When management is informed of a sexual harassment complaint it must:
  • consult all relevant parties
  • take necessary steps to address and eliminate the sexual harassment. These steps include informing the complainant that he/she can follow formal or informal procedures to deal with the complaint,
  • offer the complainant advice, assistance and counseling
  • advise the complainant of the procedures to follow whether this is in an informal or formal way
  • Create an environment that is free of sexual harassment

Management, together with the union, must aim to create an environment that is free of sexual harassment by having a sexual harassment policy; communicating the policy to employees, and dealing effectively – in terms of the policy – with cases brought to its attention. This obligation also means implementing formal procedures where the risk is serious to other employees (even where the complainant has no wish to proceed with action).