Abstract
Harassment in the workplace constitutes an infringement of the right to equality and
human dignity and has been recognized as a form of unfair discrimination. In South
Africa this recognition is found in the constitution and also in section 6(3) of the
Employment Equity Act of 1998 which identifies harassment as unfair discrimination
based on one or more prohibited grounds. We will examine the South African legal
framework which regulates harassment with reference to the Employment Equity Act
of 1998, The Promotion of Equality and Prevention of Unfair Discrimination Act and
compare that with the approach to harassment in Australia under federal and state
Anti-discrimination laws such as the Sex Discrimination Act, Fair Work Act of 2009
and Respect@work which is the Australian initiative aimed at preventing and
addressing workplace sexual harassment, discrimination and hostile environments
through legislation.
The dissertation will evaluate how harassment is conceptuliased, the employer’s
liability and preventative mechanisms in place to prevent harassment from taking
place in the workplace. The study concludes by providing law oriented
recommendations aimed at improving protection against harassment as unfair
discrimination.