Abstract
This study is a comparative legal analysis of the regulation and framework of, and remedies
for, sexual harassment in the workplace in South Africa and the United Kingdom. It revolves
around the remedies for sexual harassment, which has been classified as the most heinous
misconduct plaguing the workplace. The study aims to show that there are practical lessons to
be learned from the remedies for sexual harassment jurisprudence of the United Kingdom
comparable to South Africa. Remedies for sexual harassment in the workplace were
canvassed and remedies beyond the workplace. There is an evaluation of international and
regional instruments that are applicable to remedies for sexual harassment in the workplace
and beyond. The author’s stance is that South African labour laws are not wholly aligned
with international and regional standards. It proposes that South Africa must take pragmatic
measures to ensure compliance with international and regional practices.
There are miscellaneous remedies for sexual harassment in South Africa, but they are faced
with problems, which the study evaluated. There is a fundamental need for change and
augmentation of the remedies for sexual harassment. The United Kingdom has progressive
remedies and a functional and effective dispute resolution system which could be beneficial
to South Africa. Furthermore, there are pertinent and practical recommendations that, if
implemented, would aid South Africa in the enforcement of remedies for sexual harassment
in the workplace and beyond the workplace. Such recommendations aid in ensuring
compliance by South Africa with the international and regional obligations it has incurred by
virtue of ratifying certain conventions and protocols.