Best Sexual Harassment Lawyers in Carletonville

About Sexual Harassment Law in Carletonville, South Africa

Sexual harassment is a form of unfair discrimination and a violation of workplace rights in South Africa. In Carletonville, as elsewhere in the country, the law forbids harassment based on sex and provides channels to address it. The main legal frameworks involve national statutes and workplace guidelines that apply across Gauteng Province and beyond.

The Constitution of South Africa protects equality and prohibits discrimination, including on the basis of sex. This underpins later legislation and ensures victims can pursue remedies through courts or tribunals. Employers in Carletonville are expected to prevent harassment, investigate complaints promptly, and protect complainants from retaliation.

“Equality before the law and the prohibition of unfair discrimination are central to South Africa’s constitutional order.” Source: Constitution of the Republic of South Africa, 1996 - gov.za

“Sexual harassment in the workplace is a form of unfair discrimination, and employers have a responsibility to prevent and address it under the relevant employment laws.” Source: Department of Employment and Labour - Code of Good Practice on Sexual Harassment in the Workplace

Why You May Need a Lawyer

In Carletonville, legal counsel can help with specific and concrete circumstances, not just general advice. Here are real-world scenarios where a lawyer's involvement is valuable:

• A female mine worker in Carletonville faces ongoing comments and touchy behavior from a supervisor, and internal complaints go unresolved. A lawyer can assess fairness under the Labour Relations Act and help pursue a formal process with the CCMA if needed.
• A contractor reports repeated harassment by a coworker at a Carletonville site and the employer delays investigation. Legal counsel can obtain interim relief and ensure the employer enforces a proper harassment policy and investigation.
• A job applicant experiences harassment during an interview or recruitment process and the company refuses to address it. An attorney can advise on potential claims under the Employment Equity Act and applicable constitutional protections.
• A migrant employee in Carletonville suspects retaliation after reporting harassment, risking job security. A lawyer can help preserve evidence, file timely complaints and pursue remedies under the Labour Relations Act or Protection from Harassment Act.
• Harassment continues after an employee leaves a workplace, and the former employer or supervisor poses ongoing threats. A lawyer can assist with protection orders and civil remedies where appropriate and enforceable in Gauteng courts.
• A public sector employee in the area experiences harassment as part of ongoing workplace culture. Legal counsel can navigate the relevant statutes and potentially escalate to equality or labour courts if internal processes fail.

Local Laws Overview

South Africa has several key statutes and regulations that govern sexual harassment, including how it is addressed in workplaces like those in Carletonville. Here are 2-3 specific laws you should know:

• Employment Equity Act, No. 55 of 1998 with the Code of Good Practice on Sexual Harassment in the Workplace. These provisions prohibit harassment and require employers to prevent and remedy it, including through complaint procedures and training. Effective since 1998; Code of Good Practice provides practical guidelines used in investigations and remedies.
• Labour Relations Act, No. 66 of 1995, as amended. This act covers unfair labour practices, including harassment, and provides for dispute resolution through bodies like the CCMA and the Labour Court. Enacted in 1995, with subsequent amendments still in force.
• Protection from Harassment Act, No. 17 of 2013. This act creates civil remedies and protective orders for someone who is harassed, whether or not the harassment is workplace related. Enacted 2013; used widely to address non-workplace harassment as well.

The Sexual Offences framework also operates in South Africa to address criminal acts related to sexual conduct. While not limited to workplace situations, it provides additional avenues for those who experience criminal harassment or sexual crime. See official sources for guidance on penalties and procedures.

“The Protection from Harassment Act provides civil remedies to victims of harassment and can be used to obtain protection orders.” Source: Department of Justice and Constitutional Development - justice.gov.za

Frequently Asked Questions

What constitutes sexual harassment under South African law?

Sexual harassment includes unwelcome verbal or physical conduct of a sexual nature that creates a hostile work environment or affects employment terms. It can include comments, jokes, advances, or coercive behavior. The law requires that the conduct be unwelcome and objectively offensive to be actionable.

How do I report sexual harassment at work in Carletonville?

Start with a written complaint to your employer or HR department, citing specific incidents and dates. If the employer fails to act, you can escalate to the CCMA or Labour Court. Preserve all evidence, including messages, emails and witness contacts.

When should I file a complaint with the CCMA or a court?

Time limits vary by process, but a common guideline is to refer workplace harassment complaints to the CCMA within 30 days of the incident or awareness. If pursuing a civil remedy, consult a lawyer about applicable deadlines in the Gauteng courts.

Do I need a lawyer to pursue a harassment claim?

While you can file some claims on your own, a lawyer helps assess the strongest legal basis, preserve evidence, navigate procedures, and choose between CCMA, Equality Court, or the Labour Court. Legal counsel can also help with interim relief when needed.

What evidence strengthens a harassment case?

Keep contemporaneous notes of incidents, collect messages and emails, save voice recordings where lawful, and identify potential witnesses. Documentation showing a pattern strengthens claims, especially with repeat offenders or ongoing behavior.

What is the difference between harassment and bullying in SA law?

Harassment is often framed within anti-discrimination and employment laws, focusing on unwanted conduct based on sex or gender. Bullying is a broader workplace behavior issue; harassment can be a form of unfair discrimination with legal remedies.

Can harassment happen outside the workplace in Carletonville?

Yes, harassment can occur in public spaces or online. The Protection from Harassment Act provides civil remedies beyond the workplace and can be used to obtain protective orders against ongoing harassment.

How much compensation can I claim for harassment?

There is no fixed compensation amount. Remedies vary by case and may include damages for emotional distress, lost wages, and injunctions. A lawyer can help quantify claims based on evidence and impact.

What is the role of CCMA versus the Equality Court?

CCMA handles unresolved workplace disputes through conciliation, mediation and arbitration. An Equality Court case addresses discrimination and may lead to remedies under the Equality Act and related laws.

Is harassment always a crime in South Africa?

Criminal harassment and sexual offences are addressed under separate criminal statutes. Some harassment can involve criminal charges if it constitutes sexual offences or threats. A lawyer can determine if criminal charges apply.

Do I have to report harassment to the police?

Reporting to police is an option if the conduct constitutes a crime or if you seek protection under the Protection from Harassment Act. A lawyer can help evaluate the best path and coordinate with authorities.

What is the typical timeline for harassment cases in Gauteng?

Workplace matters referred to the CCMA often resolve within a few months if settled, or longer if a formal hearing is required. Civil claims in the Labour or High Court may take 6-12 months or more, depending on complexity.

Additional Resources

• - Handles workplace disputes including sexual harassment; provides dispute resolution processes and timelines. https://www.ccma.org.za
• - Offers guidance on employment rights, the Code of Good Practice on Sexual Harassment, and formal complaint mechanisms. https://www.labour.gov.za
• - Promotes and protects human rights, including equality and anti-discrimination; accepts complaints of harassment and discrimination. https://www.sahrc.org.za