Sexual Harassment in the workplace in Zimbabwe

It goes without saying that sexual harassment is one of the most common unfair labour practices in Zimbabwe, yet there is a dearth of case law on sexual harassment in Zimbabwe. There is no specific enactment by Parliament that deals with sexual harassment. It is an actionable wrong in terms of the Zimbabwean common law and in terms of section 8 of the Labour Act [Chapter 28:01], an unfair labour practice. The leading case on sexual harassment in Zimbabwe is Southern African Aids Trust v Mugabe 2020 (1) ZLR 756 (S).

What is Sexual Harassment?

Sexual harassment is an actionable wrong in terms of the common law in terms of which damages can be recoverable from the wrongdoer. In the workplace, it is regarded as an unfair labour practice in terms of section 8 of the Labour Act [Chapter 28:01] by an employer or any other person.

It is important to note that both male and females can be victims of sexual harassment at the workplace. More often than not the victims tend to be female. There is no general age limit to sexual harassment, it unfortunately occurs to the young and the old. This unfair labour practice, knows no race, creed, age or gender. Typically, it is an act reflective of relations which exist in a particular work environment.

What are some of the examples of Sexual Harassment at the workplace in Zimbabwe?

Every employer in Zimbabwe owes a duty to his or her employees, as well as to their clients, contractors, suppliers and other stakeholders it has dealings with, to protect its employees ftom sexual harassment. see Southern African Aids Trust v Mugabe 2020 (1) ZLR 756 (S).

Sexual harassment can best be categorised into physical harassment, verbal harassment and non – verbal harassment. Examples of what constitutes sexual harassment in Zimbabwe, are however not limited to the following:

Physical conduct

In Zimbabwe, sexual harassment can take the form of physical conduct which include but not limited to the following habits:

• (a) Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching;
• (b) Physical violence, including sexual assault, indecent assault or rape;
• (c) The use of job-related threats or rewards to solicit sexual favours; and
• (d) Stalking.

Verbal conduct

Sexual harassment in Zimbabwe can also be in the form of verbal conduct which is characterised by the following:

• (a) Comments on a worker's physical appearance, age and sex life;
• (b) Sexual comments, stories and jokes;
• (c) Unwelcome sexual advances;
• (d) Repeated and unwanted social invitations for dates or physical intimacy;
• (e) Swearing or using inappropriate language;
• (f) The use of job-related threats or rewards to solicit sexual favours;
• (g) Condescending or paternalistic remarks; and
• (h) Insults based on the sex/gender of the worker

Non – Verbal conduct

Sexual harassment in Zimbabwe can also be in the form of non-verbal conduct which can take the following aspects:

• (a) Sexually suggestive gestures;
• (b) Whistling;
• (c) Leering;
• (d) Indecent exposure;
• (e) Offensive screen saver.

Whether there are mechanisms that can address Sexual Harassment issues in the Zimbabwean workplace?

Sexual harassment is a heinous misconduct that has plagued the Zimbabwean workplace. Although it is prohibited under the Labour Act [Chapter 28:01], it persists. It is for this reason, that the Government of Zimbabwe, through the Public Service Commission (PSC’) has put in place a Sexual Harassment Policy and most institutions in Zimbabwe have put Sexual Harassment Policies place to maintain safe and inclusive workplace.

It order to address the scourge of sexual harassment at workplaces in Zimbabwe, it would be best for the legislature to place enact laws and / or have regulations that deal specifically deal with the issue. Outside of the legislative framework, some of the mechanisms that can be used to address sexual harassment in Zimbabwe include, but are not limited to:

• (a) Sexual Harassment Policy Development;
• (b) Sexual Harassment Training and Awareness Workshops and Seminars;
• (c) Efficient Reporting Sexual Harassment Mechanisms