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Exam (elaborations)

LLW2601 Assignment 2 |ANSWERS| - DUE 23 APRIL 2026

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LLW2601 Assignment 2 |ANSWERS| - DUE 23 APRIL 2026 100% COMPLETE

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LLW2601
Assignment 2
DUE: 23 APRIL 2026

, LLW2601

Assessment 2

Semester 1


2026


Advising the HR Manager of Sebakamathata Accountants


Question 1: Identifying the Offence – Verbal Sexual Harassment (5 Marks)

Pieter's use of derogatory words such as "harlot" and "loose morals" directed at Lerato
constitutes sexual harassment in terms of section 6(3) of the Employment Equity Act 55
of 1998 (EEA), read together with the Code of Good Practice on the Handling of Sexual
Harassment Cases in the Workplace (2005). Sexual harassment is defined as
unwanted conduct of a sexual nature that violates the dignity of an employee. Verbal
harassment, including suggestive remarks, innuendo, and language impugning a
person's sexual morality, expressly falls within this definition. Pieter's remarks were
directed at Lerato's supposed sexual conduct and morality, constituting verbal sexual
harassment. Furthermore, this conduct simultaneously constitutes unfair discrimination
on the grounds of sex and gender under section 6(1) of the EEA, as the remarks were
targeted at Lerato specifically because of her pregnancy and her being a woman.

Question 2: Steps the Employer Must Take to Handle the Complaint (5 Marks)

In terms of the Code of Good Practice on the Handling of Sexual Harassment Cases
(2005) and item 3 of Schedule 8 (Code of Good Practice: Dismissal) of the Labour
Relations Act 66 of 1995 (LRA), the employer must:

• Treat the complaint seriously and confidentially, ensuring Lerato is not victimised
for lodging it.
• Conduct a formal investigation into the allegations, affording Pieter an
opportunity to respond.

Connected book
 image
Carl Mischke, E. M. L. Strydom Essential Labour Law
Publisher: 2000 ISBN: 9780620250474 Edition: Unknown

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