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Drawing the line between permissible and impermissible behaviour in sexual harassment cases
Mini Dissertation (LLM)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613695192858625 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69965 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:13.972Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/69965 Drawing the line between permissible and impermissible behaviour in sexual harassment cases Van Eck, B.P.S. u26098726@tuks.co.za O'Connell, Michelle UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. Sections 9, 10 and 23 of the Constitution protects the right to equality, human dignity and fair labour practices. As a result of these constitutional rights, the Employment Equity Act 55 of 1998 (EEA) was birthed in order to promote equality and to eliminate all forms of unfair discrimination in the workplace. Further, the EEA states that the harassment of an employee is a form of unfair discrimination. A topic that has become ever so prevalent in todays’ society is that of sexual harassment. With the “#MeToo” movement that is currently circulating social media, it is crucial that employers are able to properly cater for victim’s grievances and complaints. Unfortunately, there is no sound definition for sexual harassment in our legislation and often the line between permissible and impermissible behaviour in the workplace is very difficult to draw. Employers are only left with the 1998 and 2005 Codes of Good Practice on the Handling of Sexual Harassment Cases, of which Codes appear to be rather confusing when read together. It will be argued that a lack of a proper definition on sexual harassment will have a negative impact on the management of sexual harassment cases in the workplace. This will in turn place employers at risk of being liable for sexual harassment in terms of the EEA. In this dissertation, I will explore the pitfalls with our current law governing sexual harassment and will propose a solution going forward on how to tackle this heinous plague in the workplace. Centre for Human Rights LLM Unrestricted 2019-06-02T11:39:35Z 2019-06-02T11:39:35Z 2019/04/04 2018 Mini Dissertation O'Connell, M 2019, Drawing the line between permissible and impermissible behaviour in sexual harassment cases, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69965> A2019 http://hdl.handle.net/2263/69965 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Drawing the line between permissible and impermissible behaviour in sexual harassment cases |
| title | Drawing the line between permissible and impermissible behaviour in sexual harassment cases |
| title_full | Drawing the line between permissible and impermissible behaviour in sexual harassment cases |
| title_fullStr | Drawing the line between permissible and impermissible behaviour in sexual harassment cases |
| title_full_unstemmed | Drawing the line between permissible and impermissible behaviour in sexual harassment cases |
| title_short | Drawing the line between permissible and impermissible behaviour in sexual harassment cases |
| title_sort | drawing the line between permissible and impermissible behaviour in sexual harassment cases |
| topic | UCTD |
| url | http://hdl.handle.net/2263/69965 |