#Legal Sense

Work place harassment

By Funmilayo Olagunju

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Black’s Law Dictionary defines harassment as words, conduct or action (usually repeated or persistent) that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress in that person and serves no legal purpose.

Harassment might be sexual or otherwise. Any form of victimization and demeaning comment from superior to subordinate which serves no legal purpose is harassment.

Employment status does not erode the Employee’s Constitutional right to dignity of human person.

Section 46 of The violence against Person’s Prohibition Act (VAPP) describes sexual harassment as “unwanted conduct of a sexual nature or other conduct based on sex or gender which is persistent, serious and demeans, humiliates or create a hostile or intimidating environment. This may include Physical, verbal or non verbal conduct”

Quid pro quo sexual harassment.

Sexual harassment in which the satisfaction of a sexual demand is used as the basis of an employment decision.

This type of harassment might occur, for example if a boss fired or demoted an employee who refuses to go on a date with the boss.

Most organisations capture workplace harassment under the code of ethics of the organisation. Regardless, this does not serve as a perpetual bar to Jurisdiction of the court.

Damages and/or reinstatement are common remedies sought in court in cases of Harassment and wrongful termination.

“You masters, act on the same (principle) toward them and give up threatening and using violent and abusive words, knowing that He who is both their master and yours is in heaven, and that there is no respect of persons (no partiality) with Him”

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Ephesians 6:9 (Amplified Bible)

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