Anti-Sexual Harassment: First award by Tribunal

      

On 12 July 2024, the Tribunal proclaimed the first award in a case of physical sexual harassment against an employer​​.  After considering the testimony and evidence presented, the Tribunal determined that the complainant had successfully proven her case. 

     

In this case, the Tribunal’s order was to issue a public apology as requested by the complainant. However, the Act provides for the Tribunal to make other orders such as to pay compensation or damages not exceeding RM250,000 and to order the parties to attend programs. 

    

This recent award reminds all that it is crucial for employers to have clear policies to prevent sexual harassment from occurring at the workplace. Employers must clearly display a notice at the workplace to raise awareness on sexual harassment as required by the Employment Act 1955. Employers are reminded that they have a legal obligation under the Employment Act 1955 to properly investigate sexual harassment complaints as soon as possible. Failure to investigate in a timely manner will attract penalties to the employer. 

     

Employers are encouraged to have clear procedure to address sexual harassment complaints.​