Monday, 17 June 2013

Sexual Harassment : The Right and The right thing to do

Introduction

Sexual harassment is not new in Malaysia. The apprehension towards managing the act though being stipulated in the Sexual Harassment code by the Government is still in adequate to curb the perpetrators in committing such offence. Sexual harassment occurs in every level of the management and has become the nightmare for the female employees. The subject shall discuss on defining the act, understanding the in-house policy, understanding the correct approach during investigations and finally on prosecuting

Objectives

The objective is to ensure proper and fair investigation and if necessary, a proper prosecution and passing sound judgments to the parties involved. Sexual harassment is an act whereby it is hard to find strong evidences on documentation and credible witnesses. Therefore, the objective will look into the subject in detailing the incidences in order to justify the complaint and deal with the matter diligently

Methodology

Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner.

Course Content

1. Sexual harassment complaint

-  Employers’ obligation to act
-  What shall be the implication if the investigation of the complaint    being delayed ?
-  Identification of parties

2. Legal provision on sexual harassment in the Employment Act (EA) 1955    and other policies

-  New part XV A of the EA
-  Section 2 : Definitions
-  Section 81D (1)
-  Section 81 F
-  Section 81 G
-  Sexual Harassment Code (National)
-  Sexual Harassment Code (In House)

3. Forms of sexual harassment

-  Physical
-  Verbal
-  Gestural or non-verbal
-  Visual
-  Physiological

4. The implication

-  To the Company and Employer
-  To the Employee (victim)
-  To the Employee (perpetrators)

5. Evaluation of the case
 
-  The chronology and incidences
-  Elements of consent
-  The witnesses
-  Corroborative evidences
-  Circumstantial evidences
-  Personality of the parties
-  The relationships

6. Categories of sexual harassment

-  Coercion : Quid pro quo
-  Code of conduct for Industrial Harmony
-  Sections 13, 14 and 15 of the Employment Act 1955
-  Court awards
-  Common mistake by employers

7. Principle of Condonation

-  What is Condonation
-  Was there any elements of Condonation
-  Time vs. Action

8. Invitation to sexual harassment

-  Act amounting to invitation
-  Act allowing the invitation
-  Act of accepting the invitation

9. Sexual Harassment in Malaysian Courts
 
10.How to prevent sexual harassment
 
-  The procedure
-  The aggressive type
-  The lying witnesses
-  Elements of revenge


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