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2440A Dismissal on the ground of sexual harassment

R200.00

This article discusses dismissal as an appropriate sanction for sexual harassment misconduct by analysing what needs to be proved by the employer party and the possible defences an employee could raise.

This article is an extract from “A Practitioner’s Guide to Sexual Harassment in the Workplace”, by Sean Molony. 

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Description

 

Table of Contents

1.      Dismissal on the ground of sexual harassment …. 2

2.     Forms of sexual harassment… 3

3.     Proving sexual harassment …. 4

4.     The· elements of sexual harassment. 5

4.. 1          Employment relationship…… 5

4.. 2        The conduct complained of …. 5

4.. 3        The conduct of the perpetrator was unwelcome  ….. 6

4.. 4         The conduct of the employee was of a sexual nature .. . 7

4.5 The conduct violated the rights of the victim ….8

4.6        The conduct const i tut ed a barrier to equity in the workplace ….9

5. The chairperson or arbitrator’ s decision: the test for sexual harassment .. ..9

6. Substantive fairness .. … 10

6..1         Relevance to the workplace.. .. 10

6.. 2        The rule was valid and reasonable·..10

6..3         Awareness of the rule and standard …. 11

6..4         The rule or standard was applied consistently .. .. 11

6.S        Dismissal was the appropriate  sanction …….. 11

7.     Sexual harassment outside of the workplace ….. 13

8.     Criminal conduct.. .. . 13

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