Final Assessment

Question 1 of 26

1. Question

What standard of proof applies in harassment investigations?

Beyond reasonable doubt

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Balance of probabilities

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Preponderance of evidence

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Clear and convincing evidence

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Question 2 of 26

2. Question

In Grobler v Naspers, what basis did the court use for employer liability?

Vicarious liability under Section 60 of the EEA

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Negligence at common law

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Strict liability

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Contractual breach

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Question 3 of 26

3. Question

What does the Centre for Autism case establish about bullying?

Bullying is always automatically unfair dismissal

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Bullying can render continued employment intolerable

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Bullying is not recognised in South African law

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Bullying must be linked to a prohibited ground

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Question 4 of 26

4. Question

For third-party harassment, Section 60 of the EEA:

Makes employers automatically liable

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Does not apply — employers have no liability

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Does not apply, but employers may have common law duties

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Makes the third party the employer’s employee

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Question 5 of 26

5. Question

What is the minimum number of mandatory statements in a harassment policy?

Three

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Four

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Five

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Six

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Question 6 of 26

6. Question

The test for sexual harassment is:

Whether the perpetrator intended to harass

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Whether the victim subjectively felt harassed

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Whether a reasonable person in the complainant’s position would perceive it as unwelcome

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Whether there was physical contact

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Question 7 of 26

7. Question

What is quid pro quo harassment?

Hostile work environment harassment

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Harassment where employment benefits are conditional on sexual favours

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Harassment by a colleague at the same level

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Cyberbullying

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Question 8 of 26

8. Question

When should a harassment policy be reviewed?

Only when legislation changes

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Every five years

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Annually and after significant incidents

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Only when there is a complaint

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Question 9 of 26

9. Question

What distinguishes an unsubstantiated complaint from a maliciously false one?

There is no distinction

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An unsubstantiated complaint lacks evidence; a maliciously false complaint is deliberately fabricated

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An unsubstantiated complaint is always false

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A maliciously false complaint is made by the perpetrator

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Question 10 of 26

10. Question

What is the ‘extended workplace’ concept?

The physical expansion of office space

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The recognition that work-related spaces and events are part of the workplace

Employers must provide regular training on workplace harassment.

True

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False

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Question 21 of 26

21. Question

Explain the difference between the 2005 Code and the 2022 Code on harassment in the workplace.

This response will be awarded full points automatically, but it can be reviewed and adjusted after submission.

Question 22 of 26

22. Question

Describe the six mandatory statements that must be included in every harassment policy.

This response will be awarded full points automatically, but it can be reviewed and adjusted after submission.

Question 23 of 26

23. Question

A colleague is being bullied by their supervisor but is afraid to report it. What advice would you give them about their rights and the reporting process?

This response will be awarded full points automatically, but it can be reviewed and adjusted after submission.

Question 24 of 26

24. Question

Explain how Section 60 of the Employment Equity Act makes employers responsible for harassment in the workplace.

This response will be awarded full points automatically, but it can be reviewed and adjusted after submission.

Question 25 of 26

25. Question

Describe three prevention strategies that employers can implement to reduce the risk of workplace harassment.

This response will be awarded full points automatically, but it can be reviewed and adjusted after submission.

Question 26 of 26

26. Question

Scenario Sipho has been working at a logistics company for three years. Over the past six months, his manager, Mr. Peters, has repeatedly made racially offensive comments about Sipho’s ethnic origin in team meetings. Other colleagues have laughed at these comments. Sipho has also been excluded from important project meetings and his performance review was unfairly negative. Sipho is deeply distressed and has started taking sick leave. He has heard that another colleague, Thandi, experienced similar treatment from Mr. Peters but left the company without complaining.

1. Identify the types of harassment Sipho is experiencing and the prohibited grounds involved.

2. What rights does Sipho have under the Employment Equity Act?

3. What steps should Sipho take to address the harassment? Outline both informal and formal options.

4. What obligations does the employer have in this situation? Could the employer be liable under Section 60?

5. What support should be provided to Sipho during and after the complaint process?

This response will be awarded full points automatically, but it can be reviewed and adjusted after submission.