Country Namibia
Year 2007
Type of Measure Other relevant laws > Employment/Labor law
Form of Violence Sexual harassment

Brief Description


Section 5 - Prohibition of discrimination and sexual harassment in employment

7. (b) "sexual harassment'' means any unwarranted conduct of a sexual nature towards an employee which constitutes a barrier to equality in employment where:

(i) the victim has made it known to the perpetrator that he or she finds the conduct offensive; or

(ii) the perpetrator should have reasonably realised that the conduct is regarded as unacceptable, taking into account the respective positions of the parties in the place of employment, the nature of their employment relationships and the nature of the place of employment.

(8) A person must not, in any employment decision or in the course of an employee's employment, directly or indirectly sexually harass an employee.

(9) Where sexual harassment is perpetrated by an employer against an employee, and that employee resigns as a result of the sexual harassment, that resignation constitutes a constructive dismissal.

(10) A constructive dismissal contemplated in subsection (9) may constitute unfair dismissal for the purposes of section 33, which entitles the employee to remedies available to an employee who has been unfairly dismissed.

Full Text

Labour Act No. 11

Source of Information

Namibian Parliament website - http://www.parliament.gov.na/acts_documents/81_3971_gov_notice_act_11.pdf