Sexual Harassment in the Workplace March 2010

1. Sexual Harassmentin the WorkplaceMarch 2010

2. Background • Current PGWC Sexual Harassment Policy was drafted in 1999 and is being reviewed in order to align it with best practise in the workplace • Current statistics as reported in the Annual Report of Departments, reflect an increase in alleged sexual harassment activity or reported incidents • It is intended to make the policy applicable to any person/organisation who does business with or operates on the premises of the PGWC

3. Current data indicates Cases take on average 3 months to be resolved in the PGWC The sanctions of perpetrators include counseling, fines suspensions without pay to dismissal Most complainants prefer to go the formal route rather than having an informal meeting facilitated by a third party to resolve the matter A number of cases are found to be without substance or alleged perpetrators are found not guilty A general lack of knowledge of the policy exists with staff not knowing what resources are available or what to do when confronted with a sexual harassment situation

4. Sexual harassment is defined as; Unwelcome behavior of a sexual nature that violates the rights of a person and is classified as such if The complainant has made it clear that the behavior is considered offensive The perpetrator had known the behavior is regarded as unacceptable The unwanted behavior persists [ although a single incident may also constitute harassment]

5. Forms and examples of sexual harassment • unwelcome and inappropriate enquiries about a person's sex life • Unwelcome whistling or suggestive noises directed at a person or group of persons • The influencing of the recruitment, promotion, training, discipline, alary advance or other benefit in exchange for sexual favours • Rewarding only those who respond to sexual advances • Sex related jokes, pictures or unwelcome comments about a persons body

6. Roles and responsibilities • The Executive Authority i.e. the Political Office Bearer, must ensure there is a policy in place that is easily understood and that all staff are aware of it. • The Premier has decided to appoint an Advocator in the Office of the Premier to co-ordinate the implementation of a Sexual Harassment Policy in the Province conjunction with various role players. • HoD’s are to facilitate the training of sufficient Sexual Harassment Contact Officers who must ensure awareness and the expeditious handling of all complaints of this nature • HOD’s must designate one of the SHCOs within her/his department to co-ordinate the work of the departmental SHCOs and to interact with the Office of the Premier. • Additional emphasis needs to be placed on confidentiality. • Time-bound reporting is required by employees to designated departmental SHCOs, who in turn have to report to the Office of the Premier on a quarterly basis on all cases referred.

7. Roles and responsibilities continued • All employees of the PGWC are required to: • Assist with investigations into allegations of sexual harassment; • Treat all information confidentially, and • Under no circumstances abuse the provisions of this policy by falsely accusing colleagues and/or third parties interacting with the PGWC.

8. Way forward • Each department to appoint and train Sexual Harassment Contact Officers facilitated and co-ordinated by the Directorate Employee Relations in the Department of the Premier under the guidance of the Office of the Premier • Regular feedback needs to be given to Heads of Departments and the Premier on all sexual harassment matters • The Advocator for Gender in the Premiers Office to meet Sexual Harassment Contact Officers regularly • More awareness on sexual harassment in the workplace to all employees and staff

9. Enkosi • Thank you • Dankie