SEXUAL HARASSMENT AND THE INFORMAL PROCESS

It is clear by now that not each and every instance of sexual harassment warrants dismissal. Naturally, sexual harassment is constitutes serious misconduct, and, in most cases, employers would be quick to dismiss if the offence has been proven on a balance of probabilities. But it seems that employers should first consider their other options and read their own policies. In a recent CCMA arbitration award, the commissioner concluded that the dismissal was unfair, and one of the reasons for this was that the complainant had not been given a choice between the formal process (leading to a disciplinary enquiry and dismissal) or the informal process (which focuses more on corrective measures).