LABOUR LAW MRL3702 Semester 2 Tutorial Letter 201/2/2017

Tutorial Letter 201/2/2017 LABOUR LAW MRL3702 Semester 2 Department of Mercantile Law IMPORTANT INFORMATION: This tutorial letter contains important information about your module. MRL3702/201 2 CONTENTS  FEEDBACK ON ASSIGNMENT 01  PRESCRIBED MATERIAL  REMINDER ABOUT ASSIGNMENT 02 FEEDBACK ON ASSIGNMENT 01 QUESTION 1 Mr Roberts’ conduct amounts to harassment and any type of harassment is regarded as unfair discrimination in terms of section 6(3) of the EEA. In the scenario it is stated that Roberts continuously made remarks of a sexual nature with reference to Brita’s body, kissed her and bought her gifts. It is therefore evident that Roberts’ conduct and advances were sexual in nature and therefore could be deemed as sexual harassment. Although sexual harassment is not defined in the EEA, the Code: Sexual Harassment (the Code) provides some guidance. It provides that sexual harassment may present itself as physical conduct, verbal conduct and non-verbal conduct. Roberts’ actions fall under all the above forms of conduct. The Code further explains sexual harassment as 'unwelcome conduct of a sexual nature that violates the rights (for example, dignity and privacy) of an employee'. Brita made it clear to Roberts that his conduct and advances were unwelcome. The conduct was clearly also a violation of Brita’s right to dignity.