, 1. Legal nature of Pieter’s derogatory remarks (“harlot”, “loose morals”) (5 marks)
Pieter’s statements amount to unlawful workplace harassment and unfair discrimination
in terms of the Employment Equity Act 55 of 1998 (EEA). Section 6(1) of the EEA
prohibits unfair discrimination directly or indirectly against an employee on listed grounds,
including sex, gender, pregnancy, and marital status. His comments are clearly gendered
and morally degrading, targeting Lerato’s sexuality and pregnancy, which engages these
protected grounds.
Furthermore, his conduct constitutes harassment as a form of unfair discrimination, which
is recognised in South African law as unwanted conduct that violates a person’s dignity
or creates a hostile or humiliating work environment. Calling Lerato “a harlot” and saying
she has “loose morals” is demeaning, humiliating, and undermines her dignity, thereby
meeting the threshold for harassment under the EEA and the constitutional right to
dignity in section 10 of the Constitution of the Republic of South Africa, 1996.
In addition, such conduct may also amount to workplace bullying and emotional abuse,
which employers are obliged to prevent and address through internal policies and
statutory obligations.
2. Employer’s obligations in handling Lerato’s complaint (5 marks)
The employer has a statutory duty under section 60 of the Employment Equity Act 55 of
1998 to take active steps once harassment or discrimination is brought to its attention.
Once Lerato lodged her complaint, Sebakamathata Accountants is legally required to act
immediately and effectively.
First, the HR Manager must formally record the complaint and acknowledge receipt.
Thereafter, the employer must initiate a prompt, impartial investigation into the allegations.
Pieter’s statements amount to unlawful workplace harassment and unfair discrimination
in terms of the Employment Equity Act 55 of 1998 (EEA). Section 6(1) of the EEA
prohibits unfair discrimination directly or indirectly against an employee on listed grounds,
including sex, gender, pregnancy, and marital status. His comments are clearly gendered
and morally degrading, targeting Lerato’s sexuality and pregnancy, which engages these
protected grounds.
Furthermore, his conduct constitutes harassment as a form of unfair discrimination, which
is recognised in South African law as unwanted conduct that violates a person’s dignity
or creates a hostile or humiliating work environment. Calling Lerato “a harlot” and saying
she has “loose morals” is demeaning, humiliating, and undermines her dignity, thereby
meeting the threshold for harassment under the EEA and the constitutional right to
dignity in section 10 of the Constitution of the Republic of South Africa, 1996.
In addition, such conduct may also amount to workplace bullying and emotional abuse,
which employers are obliged to prevent and address through internal policies and
statutory obligations.
2. Employer’s obligations in handling Lerato’s complaint (5 marks)
The employer has a statutory duty under section 60 of the Employment Equity Act 55 of
1998 to take active steps once harassment or discrimination is brought to its attention.
Once Lerato lodged her complaint, Sebakamathata Accountants is legally required to act
immediately and effectively.
First, the HR Manager must formally record the complaint and acknowledge receipt.
Thereafter, the employer must initiate a prompt, impartial investigation into the allegations.
