News

Calling Your Colleague ‘Sayang’ In The Workplace Now Counts As Sexual Harassment

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

Adib Mohd

Recent Posts

From Cookies to Classrooms: Starbucks Raises Over RM100K to Revive Centre for the Deaf

What if your sweet tooth could change lives? Since 2018, Starbucks Malaysia has raised over… Read More

22 hours ago

Tous les Jours Expands in Malaysia with New Outlets at Sunway Pyramid and Sunway Velocity

Malaysian fans of delectable K-inspired baked goods will be delighted to hear that Tous Les… Read More

1 day ago

Stitch Lands in KL, Disney’s Blue Menace Takes Over Pavilion This School Holiday

Get ready for a school holiday filled with tropical vibes as Pavilion Kuala Lumpur transforms… Read More

1 day ago

Malaysia Gears Up for Southeast Asia’s First Smart City Expo, Here’s Why You Should Care

Kuala Lumpur just flipped the switch on something big. The 100-day countdown to Smart City… Read More

1 day ago

Ejen Ali: The Movie Review, A Next-Level Win for Malaysian Animation

Ejen Ali: The Movie 2 isn’t just a sequel, it’s a bold upgrade that proves… Read More

1 day ago

When Creativity Meets Comfort: LEGO® and IKEA Malaysia Reimagine Home Decor

When Creativity Meets Comfort: LEGO® and IKEA Malaysia Reimagine Home Decor With its latest collection… Read More

3 days ago

This website uses cookies.