There is no single legislation/statute that expressly deals with this issue, but we do have several laws that we must look at collectively (apart from common law) when addressing liabilities that arise for the company for example:
1) Employment Act 1955 and the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace collectively underscore the importance of a conducive and healthy working environment.
2) Occupational Safety and Health Act 1994 (OSHA 1994) places a general duty on employers to ensure a safe working environment for their employees.
3) Anti-Stalking Laws (S. 507A Penal Code) states “whoever, repeatedly by any act of harassment intending to cause or knowing or ought to know that the show is likely to cause distress, fear, or alarm to any person of the person’s safety commits an offence of stalking”.
4) Anti Sexual Harassment Act 2022 (S. 2) states “any unwanted conduct of a sexual nature in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person who is reasonably offensive or insulting or constitutes a threat to his or her well-being”.
KEY ELEMENTS OF THIRD-PARTY HARASSMENT AT THE WORKPLACE:
The harasser is not an employee but has a connection with the company.
The behaviour must qualify as “harassment” under the law. The harassment may range from verbal abuse and offensive jokes to more severe forms of harassment, including sexual harassment and physical intimidation.
Examples of such harassment:
• Verbal abuse or insults;
• Threats or intimidation;
• Bullying or aggressive behaviour;
• Discriminatory or biased behaviour;
• Race, religion, gender, sexual orientation, etc.
The harassment occurs in a work-related context or setting. Workplace setting can be defined as within office premises or at the third party’s office, at work events, or any other public setting where the employee was carrying out his/her duties to the company.
The issue of employer’s liability will be addressed in Part 2.