Application of the Code

2. The application of the Code

2.1

This Code applies to all employers and employees, as provided for in the Employment Act, 1998 (EEA). Any reference in this Code to “employees” includes applicants for employment.

To clarify why it applies to applicants, we need to refer to the fact that any prospective applicant can declare a dispute under the employment EEA at the CCMA, if they feel that they may have been discriminated against. Also once a a person has been offered a position, it is also where the employer-employee relationship starts.

2.2

Although this Code applies to the work environment as a guide to employers, employees and applicants for employment, the perpetrators and victims of harassment may include, but is not limited to:

2.2.1 owners

2.2.2 employers

2.2.3 managers

2.2.4 Supervisors

2.2.5 Employees

2.2.6 Job seekers and job applicants

2.2.7 Persons in training including interns, apprentices and persons on learnerships.

2.2.8 Volunteers

2.2.9 Clients and customers

2.2.10 suppliers

2.2.11 contractors and

2.2.12 others having dealing with the business

In many state entities and especially schools where you have an elected body that is directly associated with the school and stand in trust of the school as an employer, the Act will also apply to them.

2.3

The protection of employees against hasrassment applies in any situation in which the employees is working, or which is related to their work. This includes, but is not limited to:

2.3.1 the workplace which includes both public and private spaces in which people perform work,

2.3.2 places where the employee is paid, takes a rest break or a meal or uses sanitaty, washing or changing, breastfeeding and medical facilities.

2.3.3 Work-related communications, including those enabled by information and communication technologies and internet based platforms.

Using the media as a platform to gaslight an employee can now be regarded as a form of harassment and a type of discrimination. The problem with the internet, is that inform related to a specify data subjector employee remains visible on the internet and can mean that a person or an employer can be in contravention of this act, and also the Popia Act and the Cybercrimes Act. 

2.2.5 Employer-provided accommodation, which include housing

A school Hostel will be the perfect example of such accommodation, especially in institution where initiation practices that have been deemed unlawful still carries on. Any activity that may to be regarded as initiation but still brings harm to the person’s dignity, could be deemed as harrasment. Especially where educators bear knowledge of such activities within a hostel environment.

2.2.6 When Commuting to and from work in transport provided by or controlled by the employer.

Even if you should be using your own transport and you are part of an activity involving other persons, any contravention of this act, may possibly lead do a disciplinary in the workplace. Employees who may be ADHD or ASD and who allow their impulsivity and or their habit speaking before think through the consequences, may now be more at risk of losing their work than before. 

2.3.7 In the case of domestic workers and health workers who are employed in the residence of their employers, or residence of the individual to whom the are providing care, the residence is the workplace, and

2.38 In the case of employees who work virtually from their home, or any other place other than the employer’s premises, the location where they are working constitutes the workplace.

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