Be brave. Take affirmative action to stop sexual harassment at workplace.

Below you will find the Sexual Harassment Guide that is applicable to all employees at all level as a general guideline.

Meaning of Sexual Harassment

Sexual harassment means any unwanted conduct of a sexual nature having the effect of verbal, non-verbal, visual, psychological or physical harassment:

i. that might, on reasonable grounds, be perceived by the recipient as placing a condition of a sexual nature on his/her employment; or

ii. that might, on reasonable grounds, be perceived by the recipient as an offence or humiliation, or a threat to his/her well being, but has no direct link to his/her employment.

Sexual harassment may be divided into two (2) categories, namely sexual coercion and sexual annoyance:

i. Sexual coercion is sexual harassment that results in some direct consequence to the victim's employment. An example of sexual harassment of this coercive kind is where a supervisor, who has the power over salary and promotion, attempts to coerce a subordinate to grant sexual favours. If the subordinate accedes to the supervisor's sexual solicitation, job benefits will flow. Conversely, if the subordinate refuses, job benefits are denied. 

ii. Sexual annoyance, is sexually-related conduct that is offensive, hostile or intimidating to the recipient, but nonetheless has no direct link to any job benefit. However, the annoying conduct creates a bothersome working environment which the recipient has to tolerate in order to continue working. A sexual harassment by an executive against co-executive falls into this category. Similarly, harassment by a company's client against an executive also falls into this category. 

Within the context of this Code, sexual harassment in the workplace includes any employment-related sexual harassment occurring outside the workplace as a result of employment responsibilities or employment relationships. In this context, the Residential Staff Complexes, all executive facilities and company premises are covered within the scope of this Code. Situations under which such employment-related sexual harassment may take place including, but is not limited to: 

i. at work-related social functions;
ii. in the course of work assignments outside the workplace;
iii. at work related conferences or training sessions;
iv. during work-related travel;
v. over the phone; and
vi. through electronic media. 

It is essential to emphasize that sexual harassment refers to any sexual conduct which is unwanted and unwelcome to the recipient. It is also a sexual conduct which is imposed on and unsolicited or unreciprocated by the recipient. 

It is also essential to note that sexual harassment relates to sexual conduct involving: 

Forms of Sexual Harassment

Sexual harassment encompasses various conduct of a sexual nature which can manifest themselves in five (5) possible forms, namely:

i. Verbal harassment 
   e.g offensive or suggestive remarks, comments, jokes, jesting, kidding, sounds and questioning. 

ii. Non-verbal / gesture harassment
   e.g leering or ogling with suggestive overtones, licking lips or holding or eating food provocatively, hand signal or sign language denoting sexual activity, persistent flirting. 

iii. Visual harassment
   e.g showing pornographic materials, drawing sex-based sketches or writing sex-based letters, sexual exposure. 

iv. Psychological harassment 
   e.g repeated unwanted social invitations, relentless proposals for dates or physical intimacy. 

v. Physical harassment 
   e.g inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling and sexual assault.

Complaint / Grievance Procedures 

Social justice demands a fair treatment of all executives and due respect for their human dignity. The existence of sexual harassment is a denial of a fundamental principle of social justice. 

Recognising the need and importance for an expedient settlement of a grievance which resulted from sexual harassment, the Company and the executive shall make every possible effort to dispose of and settle such complaint or grievance as equitably and as quickly as possible. 

The following step-by-step procedure shall be applied in dealing with complaints and grievance related to sexual harassment:

i. An aggrieved executive may raise his / her grievance within twenty-four (24) hours of its arising to his / her immediate supervisor; or

ii. If the immediate supervisor is the harasser, the aggrieved may raise his / her grievance to the next higher level supervising officer.

iii. If within three (3) working days, the grievance or complaint has not been resolved, the aggrieved may refer the matter to the Head Of Department concerned or the next level higher, if the Head Of Department is the harasser.

iv. If a satisfactory solution is not reached within five (5) working days by the Head Of Department, the matter shall then be referred in writing to the Human Resources Department.

Investigations, Disciplinary Procedures and Penalties

Immediately upon receiving a complaint of sexual harassment, the officer or manager concerned shall cause an investigation to be conducted discreetly and in strict confidence. Investigation shall include statements recording, gathering evidence, interviews with parties concerned and wherever possible witnesses. 

The complaint remains an allegation until the investigating officer is satisfied that the harasser has a case to answer, and a show cause letter may be issued to the harasser for an opportunity to be heard or defend himself / herself. 

If the investigating officer is satisfied that there is a case of sexual harassment, the case shall be discussed with the Human Resources Department to commence proceedings for a Domestic Inquiry. 

If the investigating officer, after full investigation has been conducted, could not conclude that there was sexual harassment, the case shall be passed to the Human Resources Department and all parties concerned shall be duly informed. 

If the investigating officer, after full investigation has been conducted, could not conclude that there was sexual harassment, but on the other hand is satisfied and can prove that the complaint by the victim was a false and malicious accusation to discredit the other party, severe disciplinary action including dismissal, shall be taken against the person. 

The standard of proof in the domestic inquiry for a case of sexual harassment shall be beyond reasonable doubts. 

Any person found guilty of sexual harassment shall be subjected to very stern disciplinary action, including dismissal from service. 

Protective and Remedial Measures 

All sexual harassment cases shall be dealt with in the strictest confidence. The investigating officer who failed to observe this rule may create unnecessary embarrassment to all parties concerned. The investigating officer shall be held responsible for the confidentiality of the case. 

The victim of sexual harassment case shall be accorded full confidentiality of his / her identity during and after the inquiry. The victim's identity shall be revealed only when it is deemed absolutely necessary for the investigation and the domestic inquiry proceedings. 

The identity of the harassed or accused shall also be accorded full confidentiality until proven guilty beyond reasonable doubts at the domestic inquiry.

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