Regulating Incidence of Sexual Harassment in the Workplace- A Focus on Educational Institutions in South Africa

Abstract

The article discusses issues of sexual harassment in the workplace with an emphasis on educational institutions. As the regulatory instruments are usually institution-specific, the regulatory instruments in two educational institutions in South Africa were chosen for illustrative purposes. Through critical and analytical methods, the paper explores the reporting requirements, the impact of power dynamics on speedy reporting, and the motive for sexual harassment complaints. The extant relevant judicial decisions were judiciously deployed to lend credence to the position adopted by the authors. The paper concludes that the decision-makers should exercise caution so that the innocent are not vilified on a hoax complaint on account of society's justified disdain for the seeming prevalence of sexual harassment incidents in the workplace.