Workplace Sexual Harassment in Western Cape
Sexual harassment in the workplace is a form of unfair discrimination prohibited by the Employment Equity Act and the Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace. Employers in Western Cape have a legal duty to prevent and address it.
The Law That Protects You
Employment Equity Act 55 of 1998 — Section 6
No person may unfairly discriminate against an employee on the basis of sex, gender, or sexual orientation, which includes sexual harassment.
Code of Good Practice: Handling of Sexual Harassment Cases in the Workplace — Para 5
Employers must develop and implement a sexual harassment policy and take all reasonable steps to ensure harassment does not occur.
Labour Relations Act 66 of 1995 — Section 185
An employee has the right not to be unfairly dismissed or subjected to an unfair labour practice, which includes retaliatory action for reporting harassment.
What To Do — Step by Step
Step 1. Document every incident — dates, what was said or done, witnesses, any messages or emails.
Step 2. Report the harassment to your HR department or a designated workplace confidant as required by your employer's harassment policy.
Step 3. If HR does not act, or if the harasser is a superior, escalate to the company's senior leadership or board.
Step 4. If the employer fails to act, refer an unfair labour practice dispute to the CCMA within 90 days of the last act of harassment.
Step 5. Alternatively (or in addition), lodge a complaint with the Commission for Employment Equity (part of the Department of Employment and Labour).
Step 6. If the harassment constituted a criminal act (sexual assault, indecent exposure), open a case at the nearest SAPS station in Western Cape.
Frequently Asked Questions
Does sexual harassment have to be physical to count in Western Cape?
No. Sexual harassment includes verbal conduct (sexual comments, jokes), non-verbal conduct (gestures, displaying pornographic material), and psychological conduct (sexual advances, quid pro quo demands), as well as physical contact.
Can I claim constructive dismissal if I resigned due to harassment in Western Cape?
Yes. If the harassment made your working conditions intolerable and your employer failed to act, resigning may constitute constructive dismissal. Refer the dispute to the CCMA within 30 days of resignation.
What if I am afraid of retaliation for reporting harassment in Western Cape?
Retaliating against an employee for reporting harassment is an unfair labour practice under the LRA. The Code of Good Practice also specifically protects complainants. Document any retaliatory conduct and report it separately.
Legal Resources in Western Cape
📋 CCMA: Cape Town CCMA (021 442 9000)
⚖️ Legal Aid SA: Legal Aid South Africa — Cape Town (021 431 0567)
🏛️ High Court: Western Cape Division of the High Court, Cape Town (021 480 2400)
🏢 Magistrates' Courts: Cape Town, Bellville, Wynberg, Paarl, George, and other magistrates' courts
🏠 Rental Housing Tribunal: Western Cape Rental Housing Tribunal (021 483 6504)
The Western Cape has a high rate of eviction cases, particularly in informal settlements and rental housing matters. Cape Town has specific by-laws affecting informal traders and housing.