Sexual Harassment Policy
Template — South Africa
An attorney-drafted Sexual Harassment Policy template designed specifically for South African workplaces. This comprehensive, legally compliant zero-tolerance document is aligned with the 2022 amended Code of Good Practice on the Prevention and Elimination of Harassment — covering EEA section 6 obligations, Constitution section 12 bodily integrity protections, formal and informal resolution procedures, investigation protocols, third-party harassment provisions, and support measures for complainants.
What is a Sexual Harassment Policy in South Africa?
A Sexual Harassment Policy is a zero-tolerance workplace framework that every South African employer must adopt under the 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, issued under Section 54 of the Employment Equity Act 55 of 1998. Absence of a policy creates a legal presumption that the employer failed to take reasonable steps to prevent harassment, triggering vicarious liability and automatically unfair dismissal exposure under Section 187 of the LRA.
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Sexual Harassment Policy TL;DR
The Sexual Harassment Policy is a mandatory workplace document for every South African employer. It is required by the 2022 amended Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, issued under Section 54 of the Employment Equity Act 55 of 1998, and it complements Section 6 of the EEA (which prohibits unfair discrimination), Section 12 of the Constitution (bodily and psychological integrity), and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The 2022 Code substantially expanded the employer's obligations: coverage now extends to cyber harassment and third-party harassment (by clients, customers, suppliers); reporting channels must be accessible, confidential, and anonymous; investigations must be prompt and procedurally fair; and complainants are protected against retaliation. Failure to implement the policy creates a presumption of employer liability, and the CCMA and Labour Court consistently uphold dismissal for serious first-offence harassment where a clear policy exists.
Also known as: Harassment Policy, Workplace Harassment Policy, Zero-Tolerance Harassment Policy, Anti-Harassment Policy, Prevention of Harassment Policy, Dignity at Work Policy.
Why Your Business Needs This Agreement
Vicarious Liability for Employers Without a Harassment Policy
The 2022 Code of Good Practice creates a presumption that an employer without a harassment policy failed to take reasonable steps to prevent and address harassment. This presumption makes it almost certain that the employer will be held vicariously liable for any harassment committed by employees in the workplace. The Labour Court has awarded compensation ranging from several months' salary to millions of rands against employers who failed to have and implement a harassment policy, particularly in cases involving senior perpetrators and vulnerable complainants.
CCMA Awards for Failure to Investigate Complaints
Employers who receive sexual harassment complaints but fail to investigate them — or conduct superficial, biased investigations — face unfair labour practice claims at the CCMA. The failure to investigate constitutes an unfair labour practice under section 186(2) of the LRA, and the CCMA can award compensation of up to 12 months' remuneration. Additionally, the complainant may refer the matter to the Equality Court under PEPUDA, which can award uncapped damages for the violation of dignity.
Criminal Liability for Unreported Sexual Offences
Where workplace sexual harassment constitutes a criminal offence under the Criminal Law (Sexual Offences) Amendment Act — such as sexual assault, compelled sexual assault, or non-consensual sharing of intimate images — the employer faces ethical and potential legal obligations to report the matter to the SAPS. Employers who become aware of criminal sexual conduct and fail to act may face public scrutiny, particularly in the era of social media and the #MeToo movement in South Africa.
Third-Party Harassment from Clients Left Unaddressed
Employees in client-facing roles — particularly in hospitality, retail, healthcare, and financial services — frequently experience sexual harassment from clients and customers. Under the 2022 Code, the employer has a duty to address this harassment, even though the perpetrator is not an employee. Employers who fail to act — or who tell employees to "tolerate" client behaviour to maintain the commercial relationship — face liability under the EEA and may also face constructive dismissal claims if the employee resigns due to the intolerable conditions.
Retaliation Against Complainants Leading to Automatic Unfair Dismissal
Employees who are dismissed, demoted, transferred, or subjected to any occupational detriment after making a sexual harassment complaint can claim automatically unfair dismissal under section 187 of the LRA (dismissal for exercising a right conferred by the Act) or refer the matter as an unfair labour practice. Automatically unfair dismissal claims carry compensation of up to 24 months' remuneration — double the ordinary unfair dismissal cap. Even subtle retaliation — exclusion from meetings, reduced responsibilities, negative performance reviews — can form the basis of an unfair labour practice claim.
What is a Sexual Harassment Policy?
South African employers have a non-negotiable legal obligation to take proactive steps to prevent and address sexual harassment in the workplace. The Employment Equity Act 55 of 1998 (EEA) prohibits unfair discrimination, and its amended Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace — which took effect on 18 March 2022 — requires every employer to adopt a harassment policy, communicate it to all employees, and implement procedures for reporting, investigating, and resolving harassment complaints. An employer that fails to have a policy creates a presumption that it failed to take reasonable steps to address harassment, which can result in the employer being held vicariously liable for the harassment at the CCMA, Labour Court, or Equality Court.
The 2022 Code represents a significant expansion of the previous 2005 Code of Good Practice on the Handling of Sexual Harassment Cases. The new Code covers all forms of harassment — not just sexual harassment — including racial, gender-based, disability-related, and other forms of harassment based on any ground listed in section 6 of the EEA. It extends the employer's duty beyond employee-to-employee harassment to include harassment by clients, customers, suppliers, and other third parties. It recognises cyber harassment and online sexual harassment as forms of workplace harassment. And it imposes proactive duties on employers to create a working environment free from harassment, rather than merely responding to complaints after harassment occurs.
The constitutional dimension is paramount. Section 12 of the Constitution guarantees the right to freedom and security of the person, including the right to bodily and psychological integrity. Section 10 protects the right to dignity. Section 9 guarantees equality and prohibits unfair discrimination. Sexual harassment violates all three of these fundamental rights. The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 further defines criminal sexual offences that may overlap with workplace sexual harassment — including sexual assault, compelled sexual assault, and exposure or display of pornography — creating parallel criminal liability for perpetrators alongside the employer's disciplinary process.
Under the 2022 Code, an employer with no harassment policy is presumed to have failed to take reasonable steps — and that presumption is almost impossible to rebut at the CCMA.
This attorney-drafted Sexual Harassment Policy template provides a comprehensive framework covering clear definitions of all forms of sexual harassment (quid pro quo, hostile work environment, physical, verbal, non-verbal, cyber, and third-party), multiple confidential reporting channels, both informal and formal resolution procedures, investigation protocols that protect the rights of complainant and respondent alike, interim protective measures, disciplinary consequences including dismissal for serious offences, comprehensive support for complainants including counselling and accommodation, mandatory training requirements, and provisions addressing the expanded scope of the 2022 Code including third-party harassment and online harassment.
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What a Sexual Harassment Policy Must Include Under South African Law
Clauses required by the 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (issued under Section 54 of the Employment Equity Act 55 of 1998) and established CCMA and Labour Court precedent.
| Clause | Required / Recommended By | Key Reference |
|---|---|---|
| Zero-tolerance statement and scope (employees, contractors, visitors) | 2022 Code of Good Practice | Code Clauses 4–5 |
| Comprehensive definitions — physical, verbal, non-verbal, quid pro quo, cyber | 2022 Code of Good Practice | Code Clause 5 |
| Multiple confidential reporting channels including anonymous hotline | 2022 Code of Good Practice | Code Clause 10 |
| Informal resolution option (with complainant consent) | 2022 Code of Good Practice | Code Clause 11 |
| Formal investigation with impartial investigator and respondent rights | 2022 Code of Good Practice | Code Clause 12 and audi alteram partem |
| Interim protective measures during investigation | 2022 Code of Good Practice | Code Clause 12.5 |
| Third-party harassment provisions (clients, suppliers) | 2022 Code of Good Practice | Code Clause 4.2 |
| Cyber and online harassment coverage | 2022 Code of Good Practice | Code Clause 5.6 |
| Anti-retaliation and whistleblower protection | LRA | Section 186(2) and Section 187(1)(h) |
| Disciplinary sanctions including summary dismissal for serious offences | LRA | Schedule 8 Item 7 |
| Mandatory training for all employees (annual) and managers | 2022 Code of Good Practice | Code Clause 8 |
| Record-keeping, annual review, and board reporting | 2022 Code of Good Practice | Code Clause 14 |
The 2022 Code of Good Practice requires every employer — regardless of size — to have a harassment policy, creating a legal presumption of failure if no policy exists
The CCMA and Labour Court consistently uphold dismissal for serious sexual harassment on a first offence — including quid pro quo, physical harassment, and sexual assault
Employers face vicarious liability for harassment by employees, clients, customers, and other third parties under the expanded 2022 Code
Automatically unfair dismissal claims for retaliation against harassment complainants carry compensation of up to 24 months' remuneration under LRA section 187
A single incident of unwanted sexual conduct can constitute harassment under the 2022 Code — there is no requirement for repeated conduct to establish a complaint
Key Clauses Included
This Sexual Harassment Policy template covers 11 essential sections, each drafted by South African attorneys.
Policy Statement, Scope & Zero-Tolerance Commitment
A clear, board-endorsed zero-tolerance statement on sexual harassment. The policy's application to all employees, contractors, interns, volunteers, clients, and third parties in the workplace and all work-related settings — including business trips, social events, training courses, and virtual meetings. The explicit statement that sexual harassment is a form of unfair discrimination under section 6 of the EEA and may also constitute a criminal offence.
Definitions of Sexual Harassment
Comprehensive definitions aligned with the 2022 Code of Good Practice: quid pro quo harassment (where submission to sexual advances is made a condition of employment benefits), hostile work environment (where conduct creates an intimidating, hostile, or offensive environment), unwanted physical contact (touching, kissing, sexual assault), verbal harassment (sexual comments, jokes, propositions, repeated requests for dates), non-verbal harassment (gestures, display of sexually explicit material, sexual staring), and cyber/online harassment (sexually explicit messages, sharing of intimate images, online stalking).
Reporting Procedures & Multiple Channels
Multiple confidential reporting channels to ensure accessibility for all employees: direct supervisor (unless the supervisor is the alleged perpetrator), HR department, a dedicated harassment officer or committee, anonymous ethics hotline, online reporting portal, and trade union representatives. The duty of managers to report harassment they observe or become aware of. The right to report without fear of retaliation. Timeframes for acknowledging receipt of complaints (within 48 hours).
Informal Resolution Process
Options for addressing less severe incidents through facilitated mediation, counselling, or direct engagement supported by a trained mediator — provided the complainant freely consents to this approach and is not coerced into informal resolution. The right of the complainant to withdraw from informal resolution and proceed to formal complaint at any stage. The circumstances where informal resolution is inappropriate (physical assault, quid pro quo, repeat offenders).
Formal Investigation Process
Step-by-step investigation procedures: appointment of an impartial investigator (internal or external), the respondent's right to be informed of allegations in writing, evidence gathering (documentary, electronic, physical), witness interviews with confidentiality protections, the respondent's opportunity to respond, interim measures (precautionary suspension with pay, physical relocation, reporting-line changes), investigation timelines (completion within 30 calendar days), and the principles of natural justice (audi alteram partem).
Disciplinary Action & Sanctions
Range of disciplinary outcomes aligned with LRA Schedule 8: written warning (for less severe verbal harassment), final written warning (for serious verbal or non-verbal harassment), and summary dismissal (for physical sexual harassment, quid pro quo, sexual assault, or repeat offences). The CCMA has consistently upheld dismissal for first-offence sexual harassment in serious cases. The employer's obligation to report potential criminal conduct to the SAPS. Consideration of mitigating and aggravating factors including the severity of the conduct, impact on the complainant, power dynamics, and the perpetrator's disciplinary history.
Third-Party Harassment
The employer's expanded duty under the 2022 Code to address harassment by clients, customers, suppliers, contractors, and other third parties. Steps the employer must take when informed of third-party harassment: addressing the issue with the third party directly, limiting the third party's access to the workplace, adjusting the employee's duties to avoid contact, and in serious cases terminating the commercial relationship. The prohibition on requiring the employee to continue interacting with the perpetrator.
Support, Protection & Accommodation Measures
Comprehensive support for complainants and witnesses: access to counselling services (internal EAP or external providers), protection against victimisation and retaliation, reasonable accommodations during and after the investigation (schedule changes, workstation relocation, reporting-line adjustments), paid time off for counselling or legal appointments, and ongoing monitoring to ensure the harassment has ceased and no retaliation occurs.
Protection Against False Accusations & Respondent Rights
Protection of the respondent's right to be presumed innocent until the investigation concludes, the right to be heard and to present a defence, the right to representation (fellow employee or union representative), confidentiality protections for the respondent, and the consequences for complainants who make demonstrably malicious or false accusations — while emphasising that the vast majority of harassment complaints are genuine and that fear of false accusation provisions being weaponised must not deter legitimate reporting.
Mandatory Training & Awareness
Mandatory sexual harassment awareness training for all employees upon joining and annually thereafter, covering the definition of harassment, reporting channels, bystander intervention, and the consequences of harassment. Specialised training for managers on recognising, responding to, and reporting harassment. Investigation skills training for designated investigators. Regular awareness campaigns using multiple communication channels. Documentation of all training for compliance evidence.
Record-Keeping, Monitoring & Annual Review
Requirements for maintaining confidential records of all complaints, investigations, and outcomes. Annual reporting to the board or executive committee on the number of complaints, types of harassment reported, investigation outcomes, and trend analysis. Policy review at least annually to address legislative changes, case law developments, and organisational experience. Integration with the Employment Equity Plan's analysis of barriers to equity.
South African Law Compliance
Employment Equity Act 55 of 1998 (2022 Code of Good Practice on the Prevention and Elimination of Harassment)
Section 6 prohibits unfair discrimination, of which sexual harassment is a recognised form. The 2022 amended Code of Good Practice — issued under section 54 of the EEA — requires every employer to adopt and implement a harassment policy, establish reporting and investigation procedures, take proactive steps to create a harassment-free workplace, and address third-party harassment. An employer without a policy creates a presumption of failure to take reasonable steps, exposing the employer to vicarious liability.
Constitution of the Republic of South Africa, 1996
Section 12 guarantees the right to freedom and security of the person, including bodily and psychological integrity — directly violated by sexual harassment. Section 10 protects the right to dignity. Section 9 guarantees equality and prohibits unfair discrimination. These constitutional rights inform how the courts, CCMA, and Labour Court assess sexual harassment cases and the adequacy of the employer's response. The Constitutional Court has described dignity as a foundational value of the constitutional order.
Labour Relations Act 66 of 1995
Governs the disciplinary process for perpetrators of sexual harassment, including the right to a fair hearing under Schedule 8. Section 186(2) defines unfair labour practices, which includes subjecting an employee to detriment for reporting harassment. Section 187(1)(f) renders discriminatory dismissals automatically unfair. Section 187(1)(d) renders dismissals based on pregnancy, intended pregnancy, or related reasons automatically unfair. Employees who are dismissed for reporting harassment in good faith may claim automatically unfair dismissal.
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
Defines criminal sexual offences including sexual assault (section 5), compelled sexual assault (section 6), and exposure, display, or causing exposure or display of pornography (section 19). Where workplace sexual harassment constitutes a criminal offence under this Act, the employer has an obligation to consider reporting the matter to the SAPS. The policy must address the parallel criminal and disciplinary processes and the employer's reporting obligations.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Section 11 prohibits harassment as a form of unfair discrimination, including sexual harassment. An employee who experiences sexual harassment may bring a claim under PEPUDA in the Equality Court in addition to or instead of the EEA remedy at the CCMA. The Equality Court can grant interdicts, order compensation, and make declaratory orders. PEPUDA provides a broader remedy than the LRA for harassment that occurs outside the traditional employment relationship.
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Appoint a Harassment Officer and constitute a committee
Designate a senior, appropriately trained Harassment Officer (or two — ideally one of each gender to give complainants a choice of confidant) to receive complaints, oversee investigations, and monitor policy compliance. For larger organisations, constitute a Harassment Committee with representation from HR, Legal, Employee Wellness, and trade unions where applicable. The designated persons must have clear written authority to commission investigations, impose interim measures such as precautionary suspension or workstation relocation, and escalate directly to the CEO or Board Chairperson where the alleged perpetrator is a senior executive. Invest in specialist harassment-investigation training for the appointees — untrained investigators are a primary source of procedural failures that unravel dismissals at the CCMA. Publish the appointees' names, contact details, and an anonymous alternative in every employee communication channel.
Customise the template for your workplace
Complete the template with your organisation's specific reporting channels (internal and external, with a genuinely independent third-party hotline provider), Harassment Officer contacts, Employee Assistance Programme (EAP) provider details, and any industry-specific risk factors — hospitality and entertainment operators must address client harassment explicitly, healthcare operators must address patient and visitor harassment, and transport operators must address driver-dispatcher dynamics. Ensure the policy reflects the full 2022 Code expansion: third-party harassment by clients, customers, and suppliers; cyber and online harassment; harassment during business trips, social events, and virtual meetings; and proactive prevention duties going beyond reactive complaints handling. Cross-reference the Code of Conduct, Social Media Policy, and Whistleblowing Policy for an integrated workplace ethics framework.
Conduct mandatory training for all employees, managers, and investigators
Roll out a tiered training programme. Every employee receives harassment-awareness training at induction and annually thereafter, covering the definition of harassment, examples of prohibited conduct, reporting channels, bystander intervention techniques, and the absolute prohibition on retaliation. Every manager and supervisor receives enhanced training on how to recognise signs of harassment, how to respond when an employee raises a concern, the manager's escalation obligations, and the serious disciplinary consequences of ignoring complaints or retaliating against complainants. Designated investigators receive specialist investigation-skills training including interviewing techniques, evidence preservation, and report-writing. Document every training session, attendance register, and completion certificate — this is key evidence of the "reasonable steps" defence against vicarious liability under the 2022 Code.
Communicate the policy and activate reporting channels
Distribute the approved policy to every employee via email, the intranet, break-room notice boards, and physical posters in high-traffic areas, and obtain signed acknowledgements from every employee. Activate the anonymous reporting hotline (typically operated by an independent provider such as Whistleblowers, Deloitte Tip-offs Anonymous, or similar) and the online reporting portal, and confirm they are operational with a test submission. Make clear — repeatedly — that retaliation against a complainant or a witness will be treated as a separate serious disciplinary offence warranting dismissal. Include the policy prominently in onboarding materials, and for contractors, temporary staff, and interns, require signed acknowledgement on the first day of placement.
Implement the formal investigation and interim-measures workflow
Build a workflow template for every complaint received. Within 48 hours, the Harassment Officer acknowledges receipt and conducts a preliminary assessment. An impartial investigator is appointed (external where the alleged perpetrator is a senior executive or where internal bias is a risk). Interim measures are implemented immediately to protect the complainant — precautionary suspension of the respondent on full pay, physical relocation of workstations, or adjustment of reporting lines. The burden of accommodation must fall on the respondent, not the complainant. The investigation aims to complete within 30 calendar days, with witness interviews conducted confidentially, the respondent given audi alteram partem opportunity to respond, and the findings documented in a written report. Feedback is provided to the complainant to the extent compatible with respondent rights.
Address third-party harassment and cyber harassment
The 2022 Code expanded the employer's duty to address harassment by non-employees — clients, customers, suppliers, contractors, and delivery agents. Build an escalation protocol: when a complaint involves a third party, the manager in charge of the commercial relationship engages the third party directly (with a written warning), restricts the third party's access to the workplace or the affected employee, adjusts the employee's duties to avoid forced contact, and in serious cases terminates the commercial relationship. For cyber harassment (sexually explicit messages, non-consensual image sharing, online stalking), preserve electronic evidence (screenshots with timestamps, message logs, forensic copies), coordinate with IT, and consider reporting to SAPS where the conduct constitutes a criminal offence under the Cybercrimes Act 19 of 2020 section 14 or the Criminal Law (Sexual Offences) Act 32 of 2007.
Monitor, report to the board, and review annually
Maintain a confidential harassment register tracking every complaint, investigation duration, interim measures applied, outcome, and any retaliation report. Provide quarterly reports to the board or audit committee on the number and nature of complaints, investigation outcomes, trends, and programme effectiveness — the 2022 Code expects governance oversight. Conduct an annual anonymous workplace climate survey to assess whether employees feel safe reporting and whether prevention measures are landing. Review the policy annually against legislative amendments, CCMA and Labour Court developments, and organisational learning from handled complaints. Update training materials to reflect new case law — for example, Cantamessa v Sobetec on social media dismissal and the growing jurisprudence on cyber harassment.
Frequently Asked Questions
Yes, unequivocally. The 2022 amended Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, issued under section 54 of the Employment Equity Act, requires every employer — regardless of size — to adopt a policy on harassment, make it known to all employees, and implement procedures for reporting, investigating, and resolving complaints. Failure to have a policy does not merely expose the employer to potential liability — it creates a legal presumption that the employer failed to take reasonable steps to prevent and address harassment. This presumption makes it significantly more likely that the employer will be held vicariously liable for any harassment that occurs in the workplace.
This sexual harassment policy page answers
- what constitutes sexual harassment in South Africa
- 2022 Code of Good Practice on Harassment in the Workplace
- can an employee be dismissed for a first offence of sexual harassment
- quid pro quo sexual harassment South Africa
- third-party harassment by clients EEA
- cyber sexual harassment workplace policy
- confidential reporting channels sexual harassment
- employer vicarious liability sexual harassment CCMA
- interim measures during harassment investigation
- training requirements 2022 harassment code
Terms used in this Sexual Harassment Policy
Definitions, statutory basis, and cross-links to every template that uses each term.
What You Get With This Template
Fully aligned with the 2022 amended Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace
Comprehensive definitions covering all forms of sexual harassment — physical, verbal, non-verbal, quid pro quo, hostile environment, and cyber harassment
Multiple confidential reporting channels including anonymous hotline, ensuring accessibility for all employees regardless of position or power dynamics
Both informal and formal resolution procedures with clear protections for complainants who choose either route
Investigation protocols respecting the rights of both complainant and respondent, aligned with natural justice principles
Third-party harassment provisions addressing the 2022 Code's expanded scope for client, customer, and supplier harassment
Comprehensive support measures for complainants including counselling, accommodation, and ongoing monitoring
Mandatory training requirements that establish the employer's proactive prevention measures as evidence against vicarious liability claims