Managerial sexual harassment in the workplace: A Namibian HR perspective
Sexual harassment remains a pervasive workplace issue globally, including in Namibia. When perpetrators hold managerial positions, the consequences are particularly severe, affecting victims’ well-being, workplace morale and organisational integrity. As HR professionals, addressing this misconduct is vital to fostering safe and inclusive workplaces.Chapter 2 (Fundamental Rights and Protection) of Namibia’s Labour Act 11 of 2007 prohibits discrimination and sexual harassment. It defines sexual harassment as any unwarranted sexual conduct toward an employee that creates a barrier to equality, where the victim has indicated that the conduct is offensive, or where the perpetrator should have reasonably realised it was unacceptable. This is especially damaging when committed by managers given the power imbalance, making it difficult for victims to resist or report harassment. Sexual harassment can be expressed in words, gestures or images.
Some argue that employees pursue managers for financial gain; however, managerial sexual harassment is undeniably common in workplaces. Importantly, sexual harassment is not confined by gender, age or background; it affects everyone. Sexual harassment by managers can cause:
• Emotional and psychological trauma: Victims often experience anxiety, stress and depression, affecting job performance and personal lives.
• Reduced workplace productivity: A toxic environment lowers morale and productivity, leading to higher absenteeism and turnover.
• Legal and financial repercussions: Organisations may face lawsuits, reputational harm, and financial penalties if they fail to act.
• Erosion of workplace culture: Tolerating harassment fosters fear and discrimination, hindering professional growth.
Many victims hesitate to report harassment due to fear of retaliation, distrust in systems, and cultural stigma. Reporting becomes even more complex when the harasser is the immediate supervisor. Employees must be encouraged to use formal complaint channels without fear of victimisation. Employers are legally obligated to provide safe environments, prevent harassment, educate staff on their rights and reporting procedures, and respond promptly and fairly to complaints.
A 2019 study on 'Violence and Harassment in Namibian Workplaces', conducted by independent researchers for the ministry of labour and the International Labour Organisation, revealed that 72% of respondents identified sexual harassment as the most significant workplace violence, with women most affected. The study also found that 21% of harassment victims left their jobs.
In 2022, Otniel Podewiltz, acting executive director of the labour ministry, addressed workplace harassment, noting that even when victims remain silent, changes in their behaviour, productivity and interactions are visible, indicating internal suffering.
Sexual harassment has no place in Namibian workplaces. The Labour Act 11 of 2007 clearly stipulates that if sexual harassment by an employer causes an employee’s resignation, it constitutes constructive dismissal, which may amount to unfair dismissal. Victims of unfair dismissal are entitled to remedies under the law.
Employees must feel empowered to report incidents without fear. Employers must proactively protect their staff. A safe workplace is not a privilege; it is a legal right.
*Selma Nambahu is a human resources practitioner.