Sexual Harassment: The Rights and the Right Thing to Do

“Learn how to appropriately handle and investigate sexual harassment issues in the workplace.”

By Corporate Intelligence Advisors

PSMB Certified Training Provider • Registered with Ministry of Finance (ePerolehan)

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kevin@cia-global.com	+6 (082) 363686

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 inadequate 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.

Course 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.

Course Outline

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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	+6 (082) 363686
	kevin@cia-global.com