Abstract
Abstract : Sexual harassment is a recurring problem around the world as has been recently observed through the disclosures made by victims in social media campaigns such as #Metoo #NotOkay #NotInMyName in 2017 and 2018, respectively. South Africa is not excluded, sexual harassment in the workplace remains a problem in South Africa despite being regulated and condemned through legislation and case law. Employers mainly deal with this issue either by taking some form of disciplinary action against the perpetrator or being proactive, by putting in place preventative mechanisms, such as policies regulating conduct in the workplace. In this study, I analyse the regulation of sexual harassment in South Africa by the legislature and further analyse how the courts react to cases of sexual harassment that are presented before them. I also analyse the obligations placed on employers to deal with sexual harassment in the workplace, and what other measures employers can put in place in an attempt to rid workplaces of this scourge. Employees who become victims of sexual harassment have several remedies available to them, I will also discuss the remedies that a victim of sexual harassment may invoke.
LL.M. (Labour Law)