Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.
For some people, they might think that the dismissals are too much and there isn’t an exact boundary between friendly banter and straight-up harassment. But according to Malaysia’s Industrial Court, there is a boundary. It also includes non-physical acts as harassment too.
In a case spotlight by Donovan & Ho, the recent case was brought to court after the claimant was dismissed on the grounds of misconduct.
The claimant had committed the following acts of sexual harassment against his secretary.
- Called her “sayang” (a Malay term used as an endearment, typically between two people who are initimate) publicly in front of others and through messages
- Committed inappropriate physical behavior by putting his hands around her shoulders, shaking her hands unnecessarily on a daily basis, and touching her cheek
- Gave her unwanted gifts such as Armani Code perfume, hand cream, flowers, and chocolate, and unwanted attention through text messages and in-person
- Ordered her to carry out work outside of her job scope including picking him up from the airport, following him to buy clothes for a dinner, and expected her to show him to his hotel room personally
According to Employment Act 1955, sexual harassment is defined 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.”
Thanks to Industrial Court’s decision in the case, non-physical actions can be construed as sexual harassment, especially if it’s unwanted.
For those who are experiencing workplace sexual harassment, there are steps you can take to protect yourselves.
It’s compulsory for employers to investigate claims of sexual harassment under Section 81F of the Employment Act 1955.
If the employer failed to do so, they are liable to a fine of RM10,000.
Police reports also can be made under Section 509 of Malaysia’s penal code.
Lastly, a landmark decision by the Federal Court in 2016 now allows sexual harassment survivors to sue their harassers.
Source: Mashable SE Asia
