Monday, October 26, 2009

How to prove sexual harassment happen in the workplace

Sexual harassment can be prove when only the victim take action by make a complaint or report to the human resourse department.This is important to any victim so that they dont have to feel worried or scared at there own workplace and justice can be taken.In Malaysia there is a main sources of law relating to sexual harassment such as Code of practice for the prevention and eradication of sexual harassment in the workplace laounched by the Human Resources Ministry in 1999 to protect victims against sexual harassment.It was proposed by the women's centre for change, Penang as parts of the joint Action Group for Gender Equality (JAG).But is only can be done if victim have good evidence to prove it or witness that can help victim to get justice.It is also important that if a complaint is investigated and upheld ,any subsequent disciplinary action complies,as minimum.Failure to do so could lead to a finding of automatically unfair dismissal.But when the victim make a complaint the employer must investigate complaints first before take any action.If the employers fail to do deal with the complaint may amount to a breach of trust and comfidence and therefore neglect of employer's duty of care of employees.
The employees also can go to 'prescribed persons' such as health and safety representatives or the health and safety Executive.The therefore affords some protection against dismissal or detriment provided the employee has made a protected disclosure.That is why it is important for employees to make a report or complaint so that sexual harassment can be prove they will feel safe at their own workplace also.

Acknowledgement:
Bullying and Sexual Harassment,Tina Stephens and Jane Hallas,2006

By Jaclyn Nonggeng

6 comments:

  1. I think educate the employees and the employers about sexual harassment can help organization in handling this kind of cases. It should be enough information about sexual harassment especially to protect the victims. The victims should know their wrights, what to do, where can that they get help and others information relevant. The information could be circulate by brochures, posters, email, letters, memo and all types of communication medium.

    by Siti Mariam binti Ali
    G72955

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  2. maybe any organizations should do a brief once or twice or more in a month about how to handle such a case to their employees and employer as well..

    by Huzaimah

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  3. actually.. its quite difficult to prove sexual harassment happen in the office... sometime, it's just only when the victim make a report, then only action being taken by employer. so the best that employer can do is brief and/or advice their workers esp women to be aware and alert about it all the time.

    ReplyDelete
  4. I agree with all the comment and ideas of giving a briefing to all staff in the workplace.That is one of the effort that can be carry out in the workplace so that it can remind to all staff especially the woman to be careful and encourage them to be strong enough to come foward if there any uncomfortable situation happend betwen supervisor or other male staff.This will help them to prevent sexual harassment happen in the workplace.Briefing also can help to warned the males worker not to do any sexual harassment towards any female colleague.If any action could be taken still can prove sexual harassment happen in the workplace if the employers and employees work together to prevent this thing to be happen.The organisations too are in a privileged position when it comes to exercising power and authority over employees,and they should share the understanding of that position.Organisational culture shapes the behaviour of employees and they in turn shape the way organisational performs.(Tina Stephens and Jane Hallas,2006)

    By Jaclyn Nonggeng

    ReplyDelete
  5. actually.. its quite difficult to prove sexual harassment happen in the office... sometime, it's just only when the victim make a report, then only action being taken by employer. so the best that employer can do is brief and/or advice their workers esp women to be aware about it all the time.

    nor diyana aminudin
    G75460

    ReplyDelete
  6. Thanks a lot for sharing this excellent info! I am looking forward to seeing more posts by you as soon as possible! I have judged that you do not compromise on quality. work cover qld claim form

    ReplyDelete