Employer’s Liability Third Party Harassment
EMPLOYER LIABILITY FOR THIRD-PARTY HARASSMENT: A LEGAL PERSPECTIVE
This article serves as a continuation of the discussion on employer accountability in cases of third-party harassment. While Malaysian employment law does not expressly regulate third-party harassment, employers must still uphold their duty to provide a safe and healthy work environment for their employees. Any harassment suffered by an employee in the course of their duties may fall within the employer’s duty of care.
Employer Obligations and Preventive Measures
Despite the absence of explicit legal provisions under the Employment Act, employers must take proactive steps to mitigate and address third-party harassment. The following measures can help safeguard employees and protect the organisation from liability:
1.Establish Clear Policies
Employers should develop comprehensive policies that explicitly define and prohibit third-party harassment. These policies must outline the procedures for reporting and addressing such incidents.
2. Implement a Reporting Mechanism
A transparent and accessible reporting system should be in place to encourage employees to report harassment. Employers must ensure that complaints are handled swiftly and in accordance with confidentiality policies
3.Train and Equip HR Personnel
Human Resources personnel must be adequately trained to handle harassment complaints. This includes adhering to privacy laws and ensuring that employees feel safe when coming forward with grievances.
4.Conduct Regular Employee Training
Employers should organise periodic training sessions to raise awareness about workplace harassment, including harassment by third parties. Employees must be educated on their rights and the steps to take if they experience or witness such misconduct.
Mitigation Strategies for Employers
To further safeguard employees and mitigate legal risks, employers should consider implementing the following measures:
1.Conduct Workplace Audits
Employers may conduct surveys or audits to assess whether employees have experienced harassment or discrimination. However, legal consultation is recommended before undertaking such initiatives.
2.Assess Third-Party Compliance
If a client, vendor, or business partner fails to align with the company’s anti-harassment policies or does not take appropriate action following an investigation, employers should issue formal notices. If necessary, severing ties with non-compliant third parties maybe considered.
3.Share Anti-Harassment Policies with Third Parties
Providing clients, vendors, and other business associates with copies of the company’s anti-harassment policies can set clear expectations regarding acceptable conduct
Conclusion
Employers bear a responsibility to ensure that employees work in an environment free from harassment and trauma, regardless of whether the perpetrator is an internal or external party. Taking proactive steps to prevent and address third-party harassment not only fosters a safer workplace but also minimises potential legal exposure. As workplace safety and inclusivity continue to evolve, employers must remain vigilant in upholding their duty of care.
