Crisis Guide

Sexual Harassment at Work in South Africa — Your Rights and Remedies

Sexual harassment in the South African workplace is unlawful discrimination. Learn how to report it, what your employer must do, and how to claim at the CCMA or Equality Court.

Free South African Law

Direct Answer

Sexual harassment at work in South Africa is a form of unfair discrimination prohibited by the Employment Equity Act. Your employer has a legal duty to prevent it and to act when you report it. If your employer fails to act, you can refer a dispute to the CCMA (within 90 days) or the Equality Court. You may claim compensation, reinstatement, or an order compelling the employer to act.

What the Law Says

Your Legal Foundation

Employment Equity Act 55 of 1998

Section 6(3)

“Harassment of an employee is a form of unfair discrimination if it is based on a ground listed in section 6(1), which includes sex, gender, and sexual orientation.”

Code of Good Practice: Handling of Sexual Harassment Cases in the Workplace

Paragraph 5

“Employers have a duty to take all reasonable steps to ensure that sexual harassment does not occur in the workplace.”

Immediate Steps

What to Do Right Now

1Document every incident — dates, what was said or done, witnesses, and any written messages or emails.
2Report to HR or a senior manager in writing. Your employer's sexual harassment policy must provide a confidential reporting channel.
3Request a formal investigation by the employer. The Code of Good Practice requires a fair, confidential investigation.
4If the employer fails to act, refer an unfair labour practice dispute to the CCMA within 90 days of the last incident.
5For criminal conduct (assault, sexual assault), open a case at your nearest SAPS station simultaneously.

What to Say

Exact Words to Use

“"I am formally reporting an incident of sexual harassment in the workplace and requesting that the employer's harassment policy be followed, including a confidential investigation."”

Tone: formal

“"If this matter is not resolved, I will refer a dispute to the CCMA under section 6 of the Employment Equity Act."”

Tone: assertive

Common Questions

Frequently Asked Questions

What if the harasser is my direct boss in South Africa?

You can report to HR, skip-level management, or directly to the CCMA. If reporting internally is unsafe due to the harasser's seniority, the CCMA referral protects you. Retaliation for reporting is an additional unfair labour practice.

Can I claim constructive dismissal if I was forced to resign due to harassment?

Yes — if the harassment made working conditions intolerable and the employer failed to act, resignation may constitute constructive dismissal. Refer to the CCMA within 30 days of resignation.

How much can I claim for sexual harassment at the CCMA?

The CCMA can award up to 12 months' remuneration as compensation. The Equality Court has no cap on damages and can also order the employer to change its policies and issue a public apology.

Get Help Now

Resources & Helplines

CCMA

ccma.org.za | 0861 16 2622

Unfair labour practice referrals
Commission for Employment Equity

012 309 4000

Employment discrimination enforcement

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