A senior South African executive at a global insurance and risk management firm has been dismissed and faces criminal charges after he was accused of taking compromising pictures of his co-workers.

According to a report by the Sunday Times, the executive allegedly invited female colleagues to his office and attempt to take ‘up-skirt’ images of them. He then uploaded these images to a pornographic site.

Verlie Oosthuizen, a partner at Shepstone & Wylie attorneys said that these types of cases were becoming increasingly common in South Africa.

She added that crimen injuria — the wilful injury to someone’s dignity — was the most effective remedy in such cases.

“If there are a number of images that a perpetrator posted of one particular person on different occasions — in other words, there is a pattern of harassment — then there could be grounds for the person to obtain a protection from harassment order from the magistrate’s court where they could be ordered to remove the pictures and also stopped from harassing the victim in future,” she said.

New sexual harassment rules

While South African corporates continue to battle with sexual harassment issues, new rules published in December 2018 mean that South African businesses should now have more clarity on how to deal with these cases.

On 19 December 2018, the minister of labour issued a notice which streamlines the obligations and guidelines for preventing sexual harassment in the workplace.

One of the changes was to broaden the definition of ‘sexual harassment’ and include modern channels like digital media, social media and instant messaging.

The rules also provide a list of four factors to be considered in cases of sexual harassment. This definition is much clearer than the previous definition set out in the 1998 code and gives guidelines as to the meaning of each of the factors.

According to Motheo Mfikoe, an associate at Baker Mckenzie, employers should consider their current policies in line with the following:

Sexual harassment is a form of unfair discrimination on the basis of sex and/or gender and/or sexual orientation, which infringes the rights of the complainant and constitutes a barrier to equity in the workplace.

Sexual harassment in the workplace will not be permitted or condoned.

Complainants in sexual harassment matters have the right to follow the procedures in the policy and appropriate action must be taken by the employer.

It will be a disciplinary offence to victimise or retaliate against an employee who in good faith lodges a grievance of sexual harassment.

Mfikoe added that the severity of sexual harassment in the workplace has far-reaching consequences.

“Employers are strongly encouraged to consider and update their current policies on sexual harassment and develop procedures to prevent present and future sexual harassment. This, in turn, will foster a safe workplace for employees,” she said.

Read: “I didn’t know I was harassing you” won’t fly as a defence in workplace sexual harassment cases in SA