GRIEVANCES PROCEDU

RES
 Grievances Channel

COMPLAINT / GRIEVANCE PROCEDURE

A complaint procedure should provide for measures

to protect victims from further embarrassment in the
course of reporting and investigation into the complaint.

A complaint procedure should contain at least the following

elements:

 A step-by-step procedure for reporting and processing of a

complaint with a suitable time-limit for each step;
 An investigation procedure; and
 An appeal procedure to enable dissatisfied party to appeal
against the outcome of an investigation to a higher authority
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SEXUAL HARRASMENT
 Grievances Channel

DEALING WITH
SEXUAL HARASSMENT
IN THE WORKPLACE
 Grievances Channel

OUTLINE
1. What is Sexual Harassment?
2. Forms of Sexual Harassment
3. Code of Practice on the Prevention &
Eradication of Sexual Harassment in
the Workplace
4. Case Law
 Grievances Channel

DEALING WITH SEXUAL

HARASSMENT IN WORKPLACE

WHAT IS SEXUAL
HARASSMENT
 Grievances Channel

WHAT IS SEXUAL HARASSMENT

Definition :
• Any unwelcome verbal, non-verbal,
visual, psychological or physical
conduct of a sexual nature that might,
on reasonable grounds, be perceived by
the victim as placing a condition of a
sexual nature on his or her employment
because of his or her sex.
 Grievances Channel

WHAT IS SEXUAL HARASSMENT

Any unwanted conduct

of a
Sexual nature
 Grievances Channel

WHAT IS SEXUAL HARASSMENT

That might, on reasonable grounds,

perceived by the recipient
- as placing a condition of a sexual nature on
his/her employment;
- as an offence or humiliation or a
threat to his/ her well being, but has
not direct link to his/ her employment
 Grievances Channel

WHAT IS SEXUAL HARASSMENT

That might, on reasonable grounds,

perceived by the recipient
- as placing a condition of a sexual nature on
his/her employment;
- as an offence or humiliation or a
threat to his/ her well being, but has
not direct link to his/ her employment
 Grievances Channel

SEXUAL HARASSMENT

APPLIES TO
BOTH MALE AND FEMALE
 Grievances Channel

WHAT ARE DIRECT IMPACT

Direct effect on the victim’s

employment e.g.
Sexual
performance appraisal
Coercion
(bonus, increment),
promotion
Impact
to victim
No direct link to any job
Sexual
Annoyance benefit & creates an unsafe
working environment
 Grievances Channel
WHAT ARE THE EFFECTS OF SEXUAL
HARASSMENT?
Depression, at times
helpless, strong fear
Emotionally
reactions, loss of job
motivation, loss of control

EFFECTS Headache, sleep

disturbances, disordered
eating, nausea, weight loss or
gain, crying spells You may
feel that it is something that
Physically
you have to face alone,
especially if other people
make you feel that something
you did or did not do, caused
it.
 Grievances Channel

FORMS OF SEXUAL HARASSMENT

innuendo, compliment,
Verbal
suggestion, etc

Non-Verbal leering, sign language,

(Gesture) hand signal, etc

FORM OF repeated invitations or

Visual
HARASSMENT proposal for dates, etc

repeated invitations or
Physical
proposal for dates, etc

touching, pinching,
Psychological
hugging, kissing, etc)
 Grievances Channel
SEXUAL HARASSMENT
CAN COME IN VARIOUS FORMS

VERBAL

Offensive or suggesting remarks,

comments,
jokes, jesting, kidding, sounds and
questioning
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SEXUAL HARASSMENT CAN
COME IN VARIOUS FORMS [Cont’d]

NON-VERBAL / GESTURAL

Leering or ogling with suggestive

overtones, licking lips or holding or
eating food provocatively, hand signal or
sign language and persistent flirting.
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SEXUAL HARASSMENT CAN
COME IN VARIOUS FORMS [cont’d]

VISUAL

Showing off pornographic materials,

sex-based letters or sketches and
sexual exposure
 Grievances Channel
SEXUAL HARASSMENT CAN COME
IN VARIOUS FORMS

PSYCHOLOGICAL

Repeated unwanted social invitations,

dates or physical intimacy
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SEXUAL HARASSMENT CAN COME IN
VARIOUS FORMS [cont’d]

PSYCHOLOGICAL

Inappropriate touching, patting,

pinching, stroking, brushing up
against the body, hugging, kissing,
fondling or sexual assault.
 Grievances Channel

POTENTIAL DOERS AND VICTIMS

Superior against subordinates

Subordinate against superior

POTENTIAL
DOERS & Associate against client
VICTIM
Client against Associate

Associate against Associate

(peer)
 Grievances Channel
DEALING WITH SEXUAL
HARASSMENT IN WORKPLACE

CODE OF PRACTICE ON THE

PREVENTION AND
ERADICATION OF SEXUAL
HARRASSMENT IN THE
WORKPLACE
 Grievances Channel

OBJECTIVE OF THE CODE

To provide guidelines to

employers on the establishment
and implementation of in-house
preventive and redress
mechanism for dealing with
sexual harassment at the
organization level
 Grievances Channel
OUTLINES OF IN-HOUSE
MECHANISM

Policy statement
A clear definition of sexual harassment
A complaint/ grievance procedure
Disciplinary rules
Protective and remedial measures for vic
tim
Promotion and education programmes
 Grievances Channel

OBLIGATIONS OF EMPLOYERS

Job responsibility of Supervisors/Manager

to implement company’s policy against
sexual harassment
Ensure that subordinates know and
understand Company’s policies against
sexual harassment
Take immediate action if became aware of
any sexual harassment case
 Grievances Channel

PERSONAL LIABILITIES OF
PERPETRATORS OF SEXUAL
HARASSMENT

Company may enter contract with

employees that
 Employees shall be held personally liable
for acts of sexual harassment
 Employee shall indemnify company
against any loss which arise from legal
proceedings related to sexual harassment
conduct
 Grievances Channel

ROLE OF TRADE UNION

Trade Union duty bound to make their members
aware of nature and problems of sexual
harassment
Join effort between Management and Trade Union
to prevent and eradicate sexual harassment
Dilemma of Trade Union
- Harasser } Trade Union
- Victim Members
Both came for advise and representations
 Grievances Channel
OPTIONS AVAILABLE TO
VICTIMS/RECIPIENT
1. Self Help
The employee may :

 TELL the person, or persons in private, that their

behavior is offensive and request that it stop.

 WRITE to the person, or persons, about their

behavior, sealing and marking the letter “personal
and confidential”.

 SPEAK to the person or persons, in private in the

presence of the contact persons or coordinator
 Grievances Channel
OPTIONS AVAILABLE TO
VICTIMS / RECIPIENT
2. Informal intervention
The employee may approach a member of management to
intervene. The selected member of the management must act
quickly, discreetly and fairly to resolve the issue.

3. Formal Complaint
a) Complaint to Manager in Writing
If self help or informal intervention have not worked the
employee should submit formal written complaint to the manager

b) Complaint to Employee’s Representative

The employee may make a formal complaint to her/his
representative who may take up the issue formally on behalf of
the complainant. Complainant should not be victimized.
 Grievances Channel
DEALING WITH SEXUAL
HARASSMENT IN WORKPLACE

CASE LAW
 Grievances Channel
CASE LAW ON SEXUAL
HARASSMENT

COMPANY FAILED TO TAKE ACTION ON COMPL

AINTOF SEXUAL HARRASSMENT
(Award NO. 998/2001 between
Sitt Tat Bhd vs Flora Ghanapragasam)

CONSTRUCTIVE DISMISSAL
Breach going to the root of the contract

Company failed to take all

Company failed to provide
Reasonable measures
Safe working
And precaution on
environment
Complaint
 Grievances Channel
CASE LAW ON SEXUAL
HARASSMENT
Proof of Harassment
Award No. 606/96 – Jennico Associates Sdn Bhd
vs Lilian Therera de Costa

“… cases of physical sexual harassment often be t

he word of the complainant against that of the alle
ged harasser… the Court normally looks for some
corroboration of the complainant’s testimony to sat
isfy its conscience the complainant is telling the tru
th and the accused has not been falsely implicated
…”
 Grievances Channel
CASE LAW ON SEXUAL
HARASSMENT
Award No 204/2004 – Berjaya Redang Beach Resort vs
R Samikanoo

 Unzipped trousers in front of female employee

 Touched and grabbed female employees, buttocks
 Stuck tongue out at female employees in a lewd and suggestive
manner
 Touched female employee’s hands and buttocks

Held - Dismissal justified

“ The court have always viewed misconduct of this nature as very

serious that merits only one punishment and that is dismissal.”
 Grievances Channel
CASE LAW ON SEXUAL
HARASSMENT
Award No 893/2004 - Varitronik (M) Sdn Bhd vs. R
Thandavanaiker

 Committed harassment of sexual annoyance

 Touching of male employee’s private parts
 Thrust hand through car window, touched and fondled male employ
ee’s breast/ chest

Held- Dismissal Justified

 One of the function of security guard to safeguard and welfare of wo

rkers
 The claimant’s conduct betrayed the trust put on him to protect fello
w workers
 Conduct of claimant created unhealthy working environment which r
ecipient had to tolerate to continue working
 Grievances Channel
SHOULD SEXUAL HARASSMENT
BE LEGISLATED?

SHOULD NOT
Why?
A specific legislation on Sexual
Harassment will give negative perception
that Malaysian private organization are
full of perverts that would
sexually harass others.
 Grievances Channel
PROTECTIVE AND REMEDIAL
MEASURES FOR THE VICTIM

To encourage victims to report sexual

harassment, there should be adequate
measures to ensure maximum
confidentiality so as to minimize
embarrassment to the victim especially at
the time of reporting & in the course of
investigation into the complaint
DRUG ABUSE POLICY
 Drug Abuse Policy

• Introduction
• Company does not allow dadah abuse am
ong associates
• Affects associates work performance & com
pany images

• Shall associates found involved in dadah abuse

or found guilty by any court of law, appropriate
disciplinary action shall be taken
 Drug Abuse Policy

Definition of Drug/Dadah

• Definition
• Drug abuse is the use of illicit drugs
or the abuse of prescription or over-
the-counter drugs for purposes other
than those for which they are indicated
or in a manner or in quantities other
than directed.
 Drug Abuse Policy

Definition of Drug/Dadah
• Definition
• As per Dangerous Drug Act 1952
• A chemical substance that affects the
processes of the mind or body.
• Any drug or substance which is for the
time being comprised in the First
Schedule
 Drug Abuse Policy

Procedures

• Dadah Pushing
• Associate found in possession or being su
spected (with good ground)
• Associate to be suspended from duties an
d reported to the Police
• Irrespective of the Police investigation, the
Company may, after due investigations &
inquiry, take necessary disciplinary action
against concern associate
 Drug Abuse Policy

Procedures

• Dadah Taking
• Associate voluntary admit for dadah taker will be refe
rred to relevant government agencies (AADK, etc) fo
r necessary action
• Only for 1st offence, to seek normal rehabilitation fo
r the associate (period as suggested by the rehabilitat
ion center or determined by the company)
• Cost of the rehabilitation borne by the associates
• Employment status during the rehabilitation period
considered associates been suspended from service
• Any extension, under Management discretion
 Drug Abuse Policy

Flow Chart for Dadah Abuse Handling

DADAH
ABUSE

• 1st or
1st offence as Da Voluntary Admission as Involved or Found Guilty subsequent
dah taker Dadah Dependant by Court of Law offences
• Pusher or
takers
• Provision under Pro
longed Illness
• If duration over 24 Rehabilitation Disciplinary Action
mths, company may Process Process
terminate the servic
e or continue withou
t pay

• Declaration letter
• If repeated, will be
Continuation of Termination of
terminated employment Service
 THE END
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