Understanding the law on Sexual Harassment in the Work (Zimbabwe)

Sexual harassment has been described as, ‘the most heinous misconduct that plagues a workplace’. The Supreme Court of Canada in Janzen v Platy Enterprises Ltd [1989] 1 SCR 1252 held that, ‘sexual harassment in the workplace is unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of 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.’

Can sexual harassment occur outside the workplace?

The general rule of law, is that an employer has no jurisdiction to discipline an employee for conduct which is not work related, or conduct which occurs outside of the workplace, or afterhours and away from the work place.

This begs the question what is a workplace? The Labour Act [Chapter 28:01] does not define the term workplace. Be that as it may, the term workplace, denotes any place where working relationships exist, and this includes an office, ancillary rooms to an office building, corridors, restrooms, toilets, canteens and entertainment or smoking places.

The term workplace also includes, work which may take place at any of the premises of clients and other organisations, inclusive of work which may take place at a restaurant, hotel or other venue during working hours. It is submitted, that an employee may be discipled for conduct outside of the workplace (i.e. on a business trip) or conduct outside working hours, if such conduct has the effect of destroying or seriously damaging the relationship between the employer and the employee.