Workplace Harassment South Africa: 7 Legal Remedies and Employer Duties Explained
Workplace harassment in South Africa is not just a matter of poor office culture — it’s a serious legal and human rights issue. Left unaddressed, it can impact employee well-being, morale, and productivity. Thankfully, South African legislation has evolved to ensure comprehensive protection for employees and clear obligations for employers.
In this article, we unpack the legal definition of harassment, employer duties, and the available remedies for employees who experience harassment — including in remote or digital workspaces.
What Is Workplace Harassment?
Harassment in the workplace is broadly defined under South African law. While sexual harassment is perhaps the most well-known form, the term encompasses a wide range of behaviours that result in an intimidating, hostile, or offensive work environment. This includes:
- Bullying or intimidation
- Racial slurs or ethnic discrimination
- Gender-based violence or LGBTQ+ discrimination
- Cyberbullying or stalking
- Humiliation or degradation based on identity
The Code of Good Practice on the Prevention and Elimination of Harassment (2022) significantly expanded this definition. It now covers online harassment and behaviour from non-employees such as clients or customers.
Key Legal Insight: Harassment does not need to be repeated to be unlawful — a single severe incident may suffice.
Employer Responsibilities: A Legal Obligation
South African employers have a legal duty to prevent and address harassment under the Employment Equity Act (EEA) and the 2022 Code of Good Practice. This includes both preventive measures and responsive action.
A Legally Compliant Harassment Policy Must:
- Define harassment clearly, including examples.
- Provide accessible and confidential reporting channels.
- Assure protection from retaliation.
- Set out clear procedures for investigation and resolution.
Employers must proactively communicate the policy, train staff, and ensure all complaints are taken seriously. Failure to act can result in vicarious liability — where the employer is held legally responsible for harassment committed by employees or even clients.
7 Legal Remedies for Workplace Harassment Victims
Victims of workplace harassment in South Africa have recourse. South African labour and civil law offer a robust framework of protections, both within the workplace and externally. Below are seven essential legal remedies available to employees experiencing harassment at work, whether the perpetrator is a co-worker, supervisor, or third party such as a client or contractor.
1. Internal Grievance Procedures
The first step for most employees is to lodge a formal complaint through the employer’s internal grievance procedure. Every compliant workplace harassment policy should outline a clear process for reporting incidents, whether to Human Resources, a line manager, or a designated harassment officer. Employers are obligated to investigate all complaints thoroughly and fairly. A well-documented internal grievance process may resolve the issue swiftly and also serves as an important record should external escalation become necessary.
2. CCMA or Bargaining Council
If internal mechanisms are exhausted without resolution, employees may escalate their complaint to the Commission for Conciliation, Mediation and Arbitration (CCMA) or, in sector-specific cases, a Bargaining Council. These bodies assist in resolving disputes through conciliation and, if necessary, arbitration. Employees may allege unfair discrimination or harassment under the Employment Equity Act. The CCMA provides a less formal, more accessible platform than the Labour Court, making it a common step for many complainants.
3. Labour Court
Should the matter remain unresolved at the CCMA or Bargaining Council level, it may be referred to the Labour Court. The Labour Court has authority to order compensation, compel the employer to implement corrective measures, or issue structural reforms to workplace policies and procedures. In cases involving systemic harassment or organisational failure, this court can bring meaningful institutional change.
4. Protection Orders
In cases of persistent or severe harassment—such as stalking, threats, or emotional abuse—victims may apply for a Protection Order under the Protection from Harassment Act (2011). This civil remedy does not require criminal charges and can be accessed by any employee who feels threatened or harassed. Protection Orders are often granted swiftly by the Magistrate’s Court and can be used to prevent further contact, whether in person or via digital communication platforms such as WhatsApp or email.
5. Criminal Charges
When workplace harassment escalates into criminal conduct—such as sexual assault, physical threats, stalking, or intimidation—victims may open a criminal case at their nearest police station. Criminal prosecution may proceed alongside internal disciplinary measures or civil action. Employers are encouraged to support victims through this process and must not retaliate or penalise employees for laying charges.
6. Employer Liability Claims
Under the principle of vicarious liability, an employer may be held legally responsible for harassment if it is proven that the organisation failed to take reasonable steps to prevent or address it. This includes cases where the employer ignored complaints, lacked a harassment policy, or failed to implement appropriate disciplinary action. Legal claims may result in compensation awards to victims and reputational damage to the employer. For this reason, employers should act swiftly, transparently, and in accordance with best practices outlined in the Code of Good Practice on the Prevention and Elimination of Harassment.
7. Assistance Through Legal Representation
Engaging a legal representative is often a critical step for victims navigating the complexities of workplace harassment law. An attorney can assist in assessing the strength of a claim, initiating formal processes, preparing submissions for the CCMA or Labour Court, and negotiating settlements. Legal representation ensures that employees understand their rights, deadlines, and procedural options—particularly when power imbalances or procedural irregularities are present within the workplace.
These seven remedies together provide a comprehensive framework for responding to workplace harassment in South Africa. Employees are encouraged to document incidents, seek support, and act promptly when harassment occurs. Legal remedies are available not only to achieve justice for the individual but also to promote a safer, more respectful working environment for all.
Harassment by Clients and Third Parties
The 2022 Code of Good Practice extends employer responsibilities to third-party harassment. This includes inappropriate behaviour from:
- Clients
- Customers
- Suppliers
- Contractors
Employers must take appropriate steps to protect staff even from external individuals.
Remote Work and Digital Harassment
Following South Africa’s ratification of ILO Convention 190, harassment in digital workspaces (Zoom, email, WhatsApp) is legally recognised. Policies must address online conduct and include training for all employees.
Creating a Culture of Respect and Compliance
Employers are encouraged to:
- Review and update harassment policies
- Provide regular employee training
- Foster accountability across leadership
- Support victims with discretion and empathy
Vermeulen Attorneys offers expert assistance with HR compliance, investigations, and policy drafting to help you meet your legal obligations.
Need Help With a Workplace Harassment Policy?
If you need guidance on implementing or reviewing your harassment policy, contact our experienced legal team. We offer:
- HR compliance assessments
- Custom policy drafting
- Workplace investigations
- Disciplinary hearings and dispute resolution
Contact Vermeulen Attorneys today.
FAQs: Workplace Harassment in South Africa
1. What is considered workplace harassment in South Africa?
Workplace harassment in South Africa refers to any unwelcome behaviour that violates the dignity of an employee, undermines their well-being, or creates a hostile work environment. This includes repeated insults, threats, intimidation, or any conduct that is humiliating or offensive in nature. Workplace harassment is not limited to sexual harassment—it also includes bullying, racial discrimination, gender-based violence, homophobic remarks, and even cyberbullying through electronic platforms like email or messaging apps.
According to the Code of Good Practice on the Prevention and Elimination of Harassment, behaviour that creates an environment that is intimidating, degrading, or offensive, regardless of intent, may qualify as harassment. South African law acknowledges both physical and psychological harm caused by workplace harassment.
2. Are employers legally required to prevent harassment?
Yes. Employers in South Africa have a legal obligation under the Employment Equity Act and the 2022 Code of Good Practice to create a workplace free from harassment. This includes proactively developing and enforcing a comprehensive workplace harassment policy, communicating it clearly to all employees, and ensuring accessible reporting mechanisms are in place.
Failure to take reasonable steps to prevent harassment can result in employers being held vicariously liable for the actions of their employees or even third parties such as clients or service providers.
3. What can an employee do if their complaint is ignored internally?
If an employer fails to investigate or resolve a harassment complaint, the employee has the right to escalate the matter externally. The first step is usually to approach the Commission for Conciliation, Mediation and Arbitration (CCMA) or the relevant Bargaining Council. These bodies offer alternative dispute resolution mechanisms for addressing unfair treatment or harassment in the workplace.
If the matter remains unresolved, it can be escalated to the Labour Court. The court may issue compensation orders, enforce changes in workplace policy, or issue injunctions to protect the affected employee. These legal remedies ensure that victims are not left without recourse when employers neglect their legal responsibilities.
4. Can clients or customers be held accountable for harassment?
While clients or customers themselves may not be prosecuted under employment law, employers are responsible for protecting their employees from harassment by third parties. The 2022 Code of Good Practice clearly states that employers must take steps to address and prevent third-party workplace harassment.
This means if a customer, contractor, or visitor harasses an employee, the employer must intervene — this could involve issuing warnings, restricting access, or terminating the business relationship. Failing to act exposes the employer to legal risk and undermines employee safety and dignity.
5. Is harassment through WhatsApp or Zoom considered workplace harassment?
Yes. The revised 2022 Code of Good Practice includes digital or remote harassment in its scope. This means that inappropriate conduct via WhatsApp, Zoom, Teams, email, or other digital communication platforms may legally constitute workplace harassment, especially in remote or hybrid work environments.
South Africa’s ratification of ILO Convention 190 reinforces the inclusion of virtual communication as part of the workplace. Employers must update their harassment policies to reflect these digital realities and ensure staff are trained to identify and report inappropriate virtual conduct.
6. Can an employer face legal action for failing to address harassment?
Yes. If an employer fails to address a reported harassment incident, they may be held legally liable. The principle of vicarious liability means an employer can be held accountable for the actions of employees or third parties if they did not take reasonable steps to prevent or mitigate harassment.
The Labour Court may impose penalties such as compensation to the victim, reinstatement, or orders to change workplace policies. Additionally, reputational damage and workplace morale can suffer significantly when an organisation is found negligent in handling harassment claims.
7. Is training on workplace harassment mandatory?
While not explicitly mandated by legislation, the Code of Good Practice strongly encourages all employers to provide regular training on workplace harassment. This is especially important for managers and supervisors, who are often the first line of response to employee complaints.
Effective training includes recognising harassment, responding appropriately, and understanding the company’s reporting and disciplinary procedures. Training is also essential in remote work settings, where digital conduct can blur boundaries and increase risk.
8. What is a Protection Order and how can it help?
A Protection Order is a court-issued directive under the Protection from Harassment Act (2011) that compels a harasser to cease their behaviour. It provides immediate, enforceable relief for victims of workplace harassment, especially in cases involving stalking, intimidation, or ongoing abuse.
This legal remedy is useful when internal disciplinary processes are ineffective or where the harassment persists outside of working hours. Victims can apply for a Protection Order at the nearest Magistrate’s Court, and the process is designed to be accessible even without legal representation.
9. Can workplace harassment also be a criminal offence?
Yes. In severe cases, workplace harassment can cross into the realm of criminal law. Examples include sexual assault, stalking, physical threats, or criminal defamation. These acts can lead to criminal prosecution under the Criminal Law (Sexual Offences and Related Matters) Amendment Act and other applicable legislation.
Victims may pursue both civil and criminal remedies simultaneously. Employers are encouraged to support victims through the reporting process and must not retaliate against those who choose to report such incidents to law enforcement.
10. Who can help with drafting a workplace harassment policy?
Vermeulen Attorneys provides expert assistance in drafting legally compliant workplace harassment policies. We assist employers in aligning internal policies with current South African labour law, including the Employment Equity Act, Protection from Harassment Act, and the 2022 Code of Good Practice.
Our services include reviewing existing HR policies, training management teams, conducting independent investigations, and managing disciplinary procedures. A well-drafted policy not only protects employees — it also shields employers from legal liability and fosters a culture of dignity and respect.
