Sexual harassment in employment
24 Sexual harassment in employment
It is unlawful for a person to harass sexually —
an employee of that or any other person; or
a person who is seeking employment by that or any other person.
It is unlawful for a person to harass sexually —
a commission agent or contract worker of that person; or
a commission agent or contract worker of a person of whom the first‑mentioned person is a commission agent or contract worker; or
a person who is seeking to become a commission agent or contract worker of the first‑mentioned person or of a person of whom the first‑mentioned person is a commission agent or contract worker.
A person shall, for the purposes of this section, be taken to harass sexually another person if the first‑mentioned person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or engages in other unwelcome conduct of a sexual nature in relation to the other person, and —
the other person has reasonable grounds for believing that a rejection of the advance, a refusal of the request or the taking of objection to the conduct would disadvantage the other person in any way in connection with the other person’s employment or work or possible employment or possible work; or
as a result of the other person’s rejection of the advance, refusal of the request or taking of objection to the conduct, the other person is disadvantaged in any way in connection with the other person’s employment or work or possible employment or possible work.
A reference in subsection (3) to conduct of a sexual nature in relation to a person includes a reference to the making, to or in the presence of, a person, of a statement of a sexual nature concerning that person, whether the statement is made orally or in writing.
[Section 24 amended: No. 74 of 1992 s. 9(1).]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.