Excerpts from The Sexual Harassment Act, 2021: Lodging a claim with your employer

THE Sexual Harassment (Protection and Prevention) Act, 2021, which took effect on July 3, is being hailed as an important piece of legislation in ushering in concrete measures to protect the vulnerable and promote cultural change to end sexual harassment.

Here is an excerpt from Section 5, as it relates to the procedure for lodging a claim and the duty of the employer.

5. (1) Where a worker alleges that he or she has been sexually harassed by another worker or a client, that worker may lodge a sexual harassment claim, in writing, with the employer.

(2) Where a sexual harassment claim is lodged with an employer under subsection (1), the employer shall —

(a) in the case where the sexual harassment claim is made against a worker, notify the worker in writing or electronically, within two days of receipt of the sexual harassment claim;

(b) in the case where the sexual harassment claim is made against the client, take such action as he or she considers appropriate in the circumstances, to bring the matter to the attention of the client; and

(c) commence an investigation into the particulars of the sexual harassment claim, within fourteen days of the sexual harassment claim being lodged and complete the investigation without delay.

(3) An employer who fails to take the required action under subsection (2) shall be liable for the failure to act, and a worker who is aggrieved by the failure of the employer so to act, may make a complaint in respect thereof to the Tribunal.