Sexual Harassment in the Workplace in Zimbabwe

Sexual harassment is conduct which has been prohibited by the labour laws of many countries, including Zimbabwe. Even though sexual harassment is prohibited in Zimbabwe, it persists. It is a phenomenon of the workplace which is perpetrated by both men and women, the old and the young.

Predominantly, worldwide, the victims of sexual harassment are women. Zimbabwe is no exception. Sexual harassment ‘takes place often in the lives of young women who are new job entrants’. However, the victims of sexual harassment are not confined to any particular group, which can be identified by age, class, educational background, income or occupation.

The Labour Act [Chapter 28:01] is the principal piece of legislation in Zimbabwe regulating employment and labour issues. Whist the Labour Act [Chapter 28:01] does not define the term ‘sexual harassment.’ Section 8 (h) of the Labour Act [Chapter 28:01] provides that, it is an unfair labour practice by an employer or any other person, by act or omission, if he or she ‘engages in unwelcome sexually- determined behaviour towards any employee, whether verbal or otherwise, such as making physical contact or advances, sexually coloured remarks, or displaying pornographic materials in the workplace.’

Most organisations in Zimbabwe have put together anti-harassment, intimidation and bullying policies among other important policies. By putting in place codes of conduct or anti-harassment policies, organisations are able to define sexual harassment more widely than the legislature has done in Zimbabwe.

Sexual harassment can occur in non-verbal forms such as indecent exposure, unwelcome gestures, unwelcome display of sexually explicit objects or pictures and videos. Sexual harassment can also take verbal forms, which may include, but are not limited to comments about a person’s body, enquiries about a person’s sex life, sexual advances, sex related jokes or comments with sexual overtones.

Sexual harassment in the workplace in Zimbabwe has also been linked to employee benefits, which include opportunities for training and travel, promotion or offers of salary increments and in general other employee benefits, in exchange for sexual favours.