(1) The objective of this code is to eliminate sexual harassment in the workplace.
(2) This code provides appropriate procedures to deal with the problem and prevent its recurrence.
(3) This code encourages and promotes the development and implementation of policies and procedures that will lead to the creation of workplaces that are free of sexual harassment, where employers and employees respect one another’s integrity and dignity, their privacy, and their right to equity in the workplace.
2. Application of the code
(1) Although this code is intended to guide employers and employees, the perpetrators and victims of sexual harassment may include:
(1) Owners.(2) Employers.(3) Managers.(4) Supervisors.(5) Employees.(6) Job applicants.(7) Clients.(8) Suppliers.(9) Contractors.(10) Others having dealings with a business.
(2) Nothing in 2(1) above confers the authority on employers to take disciplinary action in respect of non-employees.
(3) A non-employee who is a victim of sexual harassment may lodge a grievance with the employer of the harasser where the harassment has taken place in the workplace or in the course of the harasser’s employment.
3. Definition of sexual harassment
(1) Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual.
(2) Sexual attention becomes sexual harassment if:
(a) The behaviour is persisted in, although a single incident of harassment can constitute sexual harassment; and/or
(b) The recipient has made it clear that the behaviour is considered offensive; and/or
(c) The perpetrator should have known that the behaviour is regarded as unacceptable.