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EE changes: What should you worry about? (Part 4)

Helen Wilsenach
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Two weeks ago, I explained how the unfair discrimination laws will change if the Employment Equity Amendment Bill is passed. I also told you about the equal work for equal pay principle in the new proposed legislation.

Today’s article is about how you will go about reporting sexual harassment claims if the Employment Equity Amendment Bill is passed.

Currently, all sexual harassment claims are decided by the Labour Court unless the parties agree otherwise. Under the proposed new laws, an employee may, without the consent of the employer, refer the dispute to the CCMA for arbitration where:

  • The employee alleges sexual harassment; or

  • Where the employee earns less than the earnings threshold prescribed by the Minister of Labour from time to time (currently, R183 008 per annum).

The CCMA will have the same powers, regarding relief, as the Labour Court.


Helen Wilsenach is a partner in the employment department of Bowman Gilfillan. Since being admitted as an attorney and notary public, Helen has specialised in employment law and has 10 years experience in this area of the law. She advises mainly employers (both local and international) on a range of issues, including the employment consequences of commercial transactions, restructurings, dismissals, employment contracts, policies and procedures, training, employment equity and discrimination.



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