AN OVERVIEW OF SEXUAL HARASSMENT: LIABILITY OF THE EMPLOYER

Abstract

In the last number of years several labour laws dealing with the issue of sexual harassment have been passed, however, the common law of delict still provides valuable remedies for the victim of sexual harassment. This article attempts to juxtapose the common law and statutory law pertaining to sexual harassment in the light of important decisions by both the Supreme Court of Appeal and Constitutional Court reported during 2005. In this article the liability of the employer at both common law and in terms of statutory law will be reviewed.