The value of workplace policies on violence and harassment

As the nation continues reflecting on the one-year anniversary of COVID-19 and the national lockdown, which amongst other things highlighted the prevalence of Gender Based Violence (GBV), which at a stage was referred to as the second pandemic impacting not only South Africa but the world at large, we reflect on actions taken to combat GBV.

Three new amendment bills were recently announced by the President for the purposes of combating this scourge, namely:

• The Criminal Law (Sexual Offences and Related Matters) Amendment Act – extends the ambit of sexual offences, introduces a new offence of sexual intimidation and regulates the national register for sexual offenders;
• The Criminal and Related Matters Amendment Bill – seeks to address gender-based violence and offences committed against vulnerable persons and to tighten the granting of bail to perpetrators of GBV and femicide. It also expands the offences for which minimum sentences must be imposed; and
• The Domestic Violence amendment act – seeks to tighten the provisions of the Domestic Violence Act by extending the definition of domestic violence, facilitating the obtaining of protection orders via electronic means, as well addressing shortfalls in the current act and systems.

These Bills are viewed as a step in the right direction towards combatting Gender Based Violence for the country. The prevalent hope is that once they are signed into law, they will be effective in the fight against GBV.

However, as GBV does not only impact domestic and/or social lives of people, but has the ability to spill over into the workplace or even worse, occurs within workplaces, the question arises: “What can employers do to protect employees?” Well, employers can provide a policy for the elimination of violence and harassment now. Such a policy will help to:

• Create a conducive workplace and environment that is free from violence and harassment, including gender-based violence;
• Provide a safe working environment where the employer and employees respect one another’s integrity and dignity, their privacy and their right to equity in the workplace;
• Prevent and eliminate violence and harassment, including gender-based violence, within the operational environment/workplace;
• Provide procedures to deal with these and prevent recurrences;
• Address/cover effects of domestic violence in the workplace,;
• Combat and end all forms of discrimination, including but not limited to gender-based discrimination; and
• Ensure appropriate behaviour within the workplace/operational environment.

This means that employers do not need to wait for the government to pass the draft Bills into law in order to ensure the safety of their employees. Passing and enforcing effective workplace policies combating violence and harassment are valuable actions to ensure healthy, safe and conducive workplaces.