Workplace harassment is more common than most South African employees realise, and it is significantly underreported. Many people endure harassment because they do not know their rights, fear retaliation, or believe nothing will change. In South Africa, the law provides strong protections — but you need to know how to use them. This guide explains what constitutes workplace harassment legally, what steps to take, and how to refer a dispute if your employer fails to act.
What Qualifies as Workplace Harassment in SA?
South African law addresses workplace harassment through several frameworks:
Sexual Harassment
The Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace (under the Employment Equity Act) defines sexual harassment as unwanted conduct of a sexual nature. It can be:
- Physical: Unwanted touching, assault, or gestures
- Verbal: Sexual jokes, comments, propositions, or threats
- Non-verbal: Displaying sexual images, inappropriate staring, or sending sexual messages via WhatsApp, email, or any platform
- Quid pro quo: "Sleep with me or lose your job/promotion" — this is automatically unfair conduct
Racial and Discriminatory Harassment
Harassment based on any of the Section 6 grounds of the Employment Equity Act — race, gender, sex, pregnancy, marital status, family responsibility, ethnicity, social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, or birth — is prohibited.
General Workplace Harassment (Bullying)
The Code of Practice on the Prevention and Elimination of Harassment in the Workplace (updated in 2022) now broadly covers all forms of workplace harassment, including psychological bullying, intimidation, and persistent unreasonable treatment. This is a significant expansion of SA harassment law.
Step 1: Document Everything
Before taking any formal steps, build your documentation:
- Keep a written diary: date, time, place, what was said or done, any witnesses present
- Screenshot relevant WhatsApp messages, emails, or social media posts immediately
- Note any changes in your working conditions that followed the harassment (reassignment, exclusion from meetings, performance targets suddenly increased)
- Keep copies of all HR communications off company systems (personal email, cloud storage)
Step 2: Internal Grievance Process
In most cases, you are expected to try to resolve the matter internally before escalating to external bodies. This involves:
- Submitting a formal written grievance to your HR department or line manager's superior
- Your employer is legally obligated to investigate and respond within a reasonable time
- The investigation should be confidential, with both parties given an opportunity to present their version
- If the harasser is found to have acted wrongly, disciplinary action should follow
Important: Retaliation against an employee for lodging a harassment complaint is itself a form of unfair labour practice and independently actionable. Document any changes in treatment after you lodge a complaint.
Step 3: If Internal Process Fails
CCMA — Unfair Labour Practice
If your employer does not take reasonable steps to address harassment, or if the harasser is the employer itself, you can refer an unfair labour practice dispute to the CCMA within 90 days of the act of harassment (or 90 days from when you became aware of it). The CCMA process follows conciliation then arbitration as described in our CCMA guide.
Employment Equity Commission
For discrimination-based harassment, you can also lodge a complaint with the Commission for Employment Equity or the Department of Employment and Labour.
South African Police Service (SAPS)
If the harassment constitutes criminal conduct — sexual assault, physical assault, stalking, criminal intimidation — report it to SAPS as a criminal matter, independently of any civil or labour process. These processes run in parallel.
Protecting Yourself From Retaliation
- The Protected Disclosures Act (PDA) protects employees who report workplace wrongdoing in good faith — your complaint is a protected disclosure
- Document any changes in your treatment, conditions, or workload after lodging a complaint
- If your employment is threatened or changed as a result of your complaint, refer a separate dispute to the CCMA for constructive dismissal or unfair labour practice
Frequently Asked Questions
What if the harasser is my direct manager and I fear reporting will hurt my career?
This is the most common barrier to reporting. You have the right to bypass your direct manager and go to HR, senior management, or the HR Director. If the company is small and there is no separate HR function, you can approach the CCMA directly without going through an internal process first, citing the power imbalance. Document your reasons for bypassing the internal process.
Can harassment by a client or customer be actionable?
Yes. Your employer has a duty of care to provide a safe working environment — this extends to protecting you from harassment by third parties (clients, customers, contractors) if they know about the conduct and fail to take action. If you report client harassment to your employer and they do nothing, your claim is against your employer for failing to act.
How long do I have to report sexual harassment in SA?
For CCMA referrals, the standard is 90 days from the act or from when you became aware of it. For criminal sexual offences, there is no prescription period in South African law — you can report to the police at any time. Do not let the fear of time limits prevent you from reporting. If you are unsure, consult with a CCMA official, a trade union, or a legal aid practitioner about your specific situation.