Employers and Heads Must Have Sexual Harassment-Prevention Policy in Place by End of June

Employers and Heads of institutions that have not yet issued a policy statement in writing concerning the prevention of sexual harassment in the workplace or institution, must take steps to have them in place by the end of June to avoid penalties.

Minister of Culture, Gender, Entertainment and Sport, Hon. Olivia Grange, issued the warning during a statement to the House of Representatives, on Tuesday (February 6).

Consequent on the Sexual Harassment (Protection and Prevention) Act coming into operation on Monday, July 3, 2023, this policy must be prepared and brought to the attention of each worker, client, student, resident, ward, inmate, patient, or member, as the case may require, within 12 months of the commencement date of the Act.

“It is vital that every workplace and institution put in place a policy statement within 12 months of the commencement date of the Act. The effect of this is that no workplace or institution has the luxury of choosing when to effect compliance with this part of the legislation,” Ms. Grange said.

The Minister informed that the Act specifies what the anti-sexual harassment policies for workplaces and institutions should include.

“The policy shall be in accordance with the Sexual Harassment Framework Document set out in the First Schedule of the Act. It should include a definition of sexual harassment which is consistent with the Sexual Harassment (Protection and Prevention) Act,” Ms. Grange said.

It should include a statement to the effect that workers, clients, students, residents, wards, inmates, patients, or members, as the case may be, at or of the institution, are entitled to an environment that is free of sexual harassment.

It should also state that disciplinary measures, as are appropriate, shall be taken against any person under the direction of the employer, or the person in charge of the institution, who subjects any worker, client, student, resident, ward, inmate, patient or member, as the case may be, to sexual harassment and that due process shall be exercised in this regard.

“The sexual harassment policy… should also outline the internal mechanisms and procedures that are available to a worker, client, a student, a resident, a ward, an inmate, a patient or a member, as the case may be, for the making of any complaint relating to sexual harassment and the resolution and settlement of the complaints,” Ms. Grange stated.

The policy should explain the disciplinary measures that may be taken in respect of sexual harassment.

It should also include a statement to the effect that the employer, or person in charge of the institution, shall not disclose any information relating to a complainant or the circumstances of a complaint to any person, except where the disclosure is necessary for the purposes of investigating the complaint or taking disciplinary action in relation to the complaint.

“Importantly, it should inform the workers, clients, students, residents, wards, inmates, patients, or members, as the case may be, of their right to seek redress from the Tribunal under the Sexual Harassment (Protection and Prevention) Act,” Ms. Grange noted.

In addition, subject to section 27(5) of the Act, the policy should include a statement to the effect that a complainant shall exhaust all internal mechanisms and procedures that are available to the complainant before making a complaint to the Tribunal.

Section 27(5) allows the Tribunal to grant leave to a person to make a complaint without exhausting all internal mechanisms available to her/him in the workplace or institution.

This may be permitted in specific circumstances, for example, if the person can satisfy the Tribunal that she/he may be prejudiced by using the internal mechanisms or that there are no adequate internal mechanisms to address her/his complaint.