Sexual Harassment Assignment

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i) According Section 4 of the Amended Code of Good Practice on the Handling of Sexual Harassment, sexual harassment is defined as:
‘…unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace, taking into account all of the following factors: Whether the harassment is on the prohibited grounds of sex and/or gender and/or sexual orientation;
The grounds of discrimination to establish sexual harassment are sex, gender and sexual orientation. Same-sex harassment can amount to discrimination on the basis of sex, gender and sexual orientation. Section 3 of the Employment Equity Act states that harassment of an employee is a form of unfair discrimination and is prohibited
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The Labour Court indicated that the words he used were inappropriate, but were uttered "more in hope than expectation”.
This was further expressed in the case of SA Metal Group (Pty) Ltd v CCMA and Others (CC50/13), the Labour Court (LC) found an arbitration award made in the absence of considering the Code of Good Practice on Handling Sexual Harassment Cases (Code) reviewable. In particular, the Labour Court found that the employee's comments fell squarely within the definition of verbal sexual harassment contained in the Code in that it amounted to "unwelcome innuendo, suggestions and hints".
The Code clarifies that it is not required for verbal communication to contain ‘explicit sexual connotation' for it to qualify as sexual harassment. In relation to the impact of the complainant's conduct in response to the employee's verbal banter, the LC found that "although the complainant may present as ambivalent, or even momentarily flattered by the attention, it is no excuse. The fact that the complainant showed signals of discomfort shows that the conduct is
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Further, it certainly did not lead to a hostile work environment. In fact, the consultant had left for Australia shortly after the incident, and it was quite unlikely that the parties would work together again as they did not even work for the same employer. Accordingly, the Labour Court was of the view that Simmers should be reinstated and subjected to a final written warning.
The impact of the sexual conduct on the employee
According to the code, a single incident of unwelcome sexual conduct may constitute sexual harassment. Most victims find the experience embarrassing. These sentiments were echoed in J Mampru V PUTCO where it held that:
“Sexual harassment may take many forms, it may be trivial, it may be verbal but gross, or it may be physical, again varying from trivial or gross. It may be a single act or the act may be repeated. The actions as such disclose a total disregard for the feelings and the integrity of the recipient”

ii) Do you want a lover tonight?” Do these words constitute sexual harassment? And if it does, is it
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