Case Analysis of Sexua; Harassment

Background to the investigation.

This investigation was requested because a female employee has laid a complaint of sexual harassment against some of the male employees at NPD Assemblies. The company has no sexual harassment policy and it is the first time a complaint of this nature has being laid. It is felt that this matter should be given urgent attention.

Purpose of the report

The purpose of this report is to establish whether sexual harassment has taken place, and if so, what should be done immediately and in the longer term.

Scope and limitations

The writer interviewed various employees, reviewed the legal framework around sexual harassment and studied a recent case history.

Because of the time constraints and the urgency of this report, the writer was unable to interview Ms de Sorda’s doctor, nor any psychologists on the possible impact of the sexual harassment on Ms de Sorda. The writer was also not able to consult a labour lawyer on the matter of the company not having a sexual harassment policy and the ramifications of this.

Plan of development

This report provides the instructions given by the CEO. It gives the findings, based on researched material and interviews, and provides the conclusions the writer has reached. It also provides short and long term recommendations.

2. Procedure for Gathering Information

Research material for this report was obtained by:

• Reviewing the South African legal framework around sexual harassment.

• Identifying and reviewing a South African sexual harassment case study.

• Reviewing statements from various employees.

• Accessing the Internet for further information on sexual harassment.

3. Findings

3.1. Definition of Sexual Harassment.

Researching the above mentioned materials produced the following findings;

Sexual Harassment is defined as the “unwanted conduct of a sexual nature” (CCMA, 2005:71). Sexual Harassment is therefore any kind of behavior that is unwelcome and...