ANTI-HARASSMENT BRIEFING FOR MANAGERS

Prepared By: Mohd. Hanifah Sultan

Email: mohdhanifahsultan@gmail.com
  What constitutes harassment?

Aim:
 Harassment in workplace.
Definition:
• “Harassment” includes any improper & unwelcome conduct that has
or might reasonably be expected to be perceived to cause offence
or humiliation to another.

• Harassment may be in the form of words, gestures or actions which

tend to annoy, alarm, abuse, demean, intimidate, belittle or cause
personal humiliation or embarrassment to another …….”.
Definition:
• Harassment is the offensive, belittling or threatening behaviour directed at an
individual worker or a group of workers, which occurs with the purpose or effect of
violating the dignity of a person and of creating an intimidating, hostile, degrading,
humiliating or offensive environment. This unwanted behaviour may include, and is
not limited to, spoken words, gestures or the production, display or circulation of
written words, pictures or other material.

• Sexual harassment is unwelcome behaviour of a sexual nature or other sex-based

conduct affecting the dignity of women and men at the workplace, or during official
duty outside the place of work or natural extensions thereof, such as whilst giving or
being given a lift to and from work or engaging in social activities organised by the
directorate. A workplace is considered to be any place where working relationships
exist or where employer/employee relationships exist. Sexual harassment takes many
forms, from relatively mild sexual comments to actual physical violence
Code of Practice on the Prevention and Eradication
of Sexual Harassment in the Workplace
In 1999, the Ministry of Human Resources introduced the Code
of Practice on the Prevention and Eradication of Sexual
Harassment in the Workplace.

This is to encourage employers to adopt the Code of Practice against

sexual harassment and an internal mechanism to prevent sexual
harassment at the workplace.

This code served as a practical guidelines to companies to set up their

own mechanism to handle sexual harassment at workplace.

Unfortunately, the Code of Practice is not effective as it is just a

mere guidelines and the companies are not mandatory to set up the
mechanism.
The Employment Act 1955
In 2012, sexual harassment was included under Part XVA Employment Act 1955. A
definition to sexual harassment was given under Section 2.
• It defines sexual harassment as any unwanted conduct of a sexual nature,
whether verbal, non-verbal, visual, gestural or physical, directed at a person
which is offensive or humiliating or is a threat to his well-being, arising out of and
in the course of his employment.
• This is only limited to workplace sexual harassment.

Part XVA, Section 81A till 81G……………,

• states how to complain about sexual harassment at the workplace and the
mandatory duty to enquire by the employer on sexual harassment complaints.
• It also lists down appropriate actions to be taken by the employer if sexual
harassment is proven.
The Industrial Relations Act 1967

If an employee is dismissed unfairly or resigned your job due to sexual

harassment, Section 20 of the Industrial Relations Act 1967 can help the
employee to get reinstatement or compensation in lieu through the
Industrial Relations Department if it is proven unjust.
The Penal Code
Sectio
The Penal n
Offences Punishment

Code (Malay: Kanun 354 Molestation (Assault or Imprisonment maximum

use of criminal force on 10 years or fine or
Keseksaan) is a law a person with intent to whipping or any two of
outrage her modesty). such punishment.
that codifies most
355 Assault or use of Imprisonment maximum
criminal offences and criminal force with intent 2 years or fine or both.
to dishonour a person,
procedures in Malaysia. otherwise than on grave
Its official long title provocation.
377D Outrages on decency. Imprisonment maximum
is "An Act relating to 2 years.
criminal offences" . 509 Word or gesture Imprisonment maximum
intended to insult the 5 years or fine or both.
modesty of any person.
Anti-Sexual Harassment Act 2022
• The Act provides rights of redress for any person who
has been sexually harassed, and a Tribunal for Anti-
Sexual Harassment to hear complaints on sexual
harassment, raise awareness, and prevent the
occurrence of sexual harassment.

• The Act came into force as of March 2023.

 The Kuala Lumpur Industrial Court has praised
Petronas for sacking a senior officer after due
inquiry, saying harassment of a sexual nature at
RECENT the workplace must not be tolerated under any
COURT circumstances.
AWARD : The right to livelihood is as fundamental as the
Court praises right to life itself.
Petronas for Any employee in search of this right should be
allowed to do so in a safe and secure working
not tolerating environment, free of any aggression or
sexual harassment from other employees or superiors.
harassment
at workplace The Claimant joined Petronas in1990. The
claimant was dismissed after a domestic
inquiry found him guilty of all eight
charges in 2018.
 • Courtesy, fairly, with dignity & respect for all employees.

• Preservation of human dignity.

• Every employee is responsible for ensuring that their own

Basic behaviour is not to be seen as harassment.

Principles • Managers bear the responsibility to ensure & maintain an

environment which is free from any forms of harassment &

• All managers are to take the necessary action in ensuring that

the necessary appropriate action is taken against all such
harassment.
 2 Elements:
1. “Unwelcome conduct” – recipient’s feeling & individual perception to
the act in question.

2. The behaviour in question must “reasonably be expected or be

perceived” to have the effect of creating an offensive working
environment.
ie: being perceived as unreasonable by a person who
knows the facts complained.
Impact:
Conduct is assessed Each individual
by the impact that harassment complaint
such behaviour had on shall be assessed
the victim according to the Types of harassment:
• eg- well being, seniority, severity &
ability to do the job, impact that it has on
• regular sick-leave. the recipient.

Abuse of authority Psychological

Sexual harassment
harassment harassment
 Abuse of authority harassment

• “quid pro quo” / “sexual blackmail”

• Eg - sexual conduct is requested from a staff member either under the

promise of a reward or threat of detrimental action for refusal.

• Can only be committed by someone with the power to give or take

away an employment benefits.
 Sexual harassment

• “ any unwelcome sexual advance, request for sexual favour,

verbal or physical conduct or gesture of a sexual nature, or
any other behaviour of a sexual nature (including
pornography, sexually – coloured remarks etc) that has or
might reasonably be expected or perceived to cause offence
or humiliation to another.”

• Both male or female may be the injured party or the offender.

Examples of sexual harassment:

• Deliberate & unsolicited physical contact.

• Unnecessary close physical contact.
• Repeated sexual comments / gestures about a person’s
appearance or life-style.
• Offensive phone calls, emails, social media messages.
• Questions about a person’s private life.
• Sexually explicit jokes or proposition.
• Constant invitations to social activities after a person has made
it clear that they are not welcome.
• Unwanted compliments with sexual content.
Examples of sexual harassment:

• name – calling – “darling”

• Use of obscene language.
• Repeated sexually orientated gestures about a person’s body.
• Nods, winks, gestures with the hands, fingers, legs or arms & other
behaviour which is sexually suggestive.
• Persistent staring at a person OR part of his/ her body.
• Display of pornographic web-sites, materials etc.

Sexual relationship with subordinates does not only constitute sexual

harassment but also UNPROFESSIONAL MANAGEMENT.
Psychological Harassment:
• Eg- Bully or mobbing (gang up against someone)

• Workplace bullying is repeated offensive, cruel, intimidating, insulting or

humiliating behaviour, combined with misuse of power or position to
undermine an individual or group of individuals.

• It can be physical, verbal, visual or written, direct or indirect.

• Occurs repeatedly, regularly (eg weekly) & over a period of time (eg one
month).

• Single act may be treated as psychological harassment (not bullying).

Example of bullying:

Anyone who challenges the bully shall given an overload

of works & deadlines reduced. This is done in the hope
that he will make mistakes.

Criticising someone through humiliating comparison.

Making it difficult for someone to perform their job or to

take their annual leave.
 Example of bullying:

Punishing others for being too competent by constant criticism OR

removing their responsibilities by giving them trivial tasks to do.

• Shouting at subordinates to get things done.

• Persistent picking on people in front of others or in private.

• Keeping individuals in their workplace by blocking their promotion.

Mobbing (gang-up against someone):
 Usually involves a group of individuals who gang-up on an
employee & subject that individual to psychological
harassment.
 Occurs repeatedly & regularly over a period of time.
 Single or random act does not constitute mobbing but may be
a type of “psychological harassment”.
 Examples of mobbing:
• Making continuous negative remarks about a person OR
constantly criticising the person.
• Isolating a person
• Spreading false rumours or gossiping about someone.
 Examples of non-harassing behaviour:

Each case & situation has to be considered individually.

 Criticising a subordinate’s performance & behaviour, even by

using inappropriately strong language especially if the
performance of the subordinate in question is proven.

 Changes in job description.

 Poor working conditions, if temporary & based on reasonable

managerial decisions.
Responsibilities of Managers:
• Special responsibility

• Take early & swift action on potential & actual

harassment.

• Must not tolerate such continuation.

• Talk to the parties while demonstrating fairness &

impartiality & free from intimidation or favouritism.

• Anti-harassment sessions to be part of the basic training

requirement for all employees.
Responsibilities of all employees:

To familiarise Ensure & Duty to report to Contact the

themselves with maintain an their relevant person
the anti- environment that manager/superior or authority
harassment prevent any form any harassment should they have
guidelines. of harassment. acts that they any queries on
have a the application of
LEGITIMATE these guidelines.
reason to believe
are being carried
out by a
colleague.
Together we work to
create and maintain
a work environment
that is safe and free
of workplace
harassment.