Managing Workplace Harassment Complaints: A Practical Guide for Employers in Singapore

Workplace harassment casts a long shadow, impacting not only the well-being of employees but also the overall productivity and reputation of an organisation. Employers in Singapore bear a clear legal and ethical responsibility to cultivate a work environment free from such misconduct.

A proactive stance, combining robust prevention strategies with efficient complaint management, is paramount to protecting employees and preserving the organisation’s reputation.

This guide provides employers with practical insights into navigating this complex issue and providing the necessary support to employees.

Understanding What is Considered Workplace Harassment

Singapore’s Ministry of Manpower defines workplace harassment as instances where “one party at the workplace demonstrates behaviour that causes or is likely to cause harassment, alarm or distress to another party”. This extends beyond overt actions to include subtle but equally harmful behaviours. Such distressing actions, whether intentional or not, can create a hostile work environment that affects not just the targeted individual but other employees.

Specific examples can manifest in various forms, each with its own damaging consequences:

• Sexual harassment: This encompasses unwelcome sexual advances, suggestive comments, requests for sexual favors, unwanted physical contact, the display of offensive sexual materials, and other verbal or physical conduct of a sexual nature. For example, persistent comments about an employee’s attire or the distribution of sexually suggestive images via company email.
• Verbal harassment: This includes derogatory remarks, insults, and offensive language directed at an individual. These remarks may be based on race, religion, gender, or other protected characteristics, including supervisors consistently using demeaning language towards a subordinate.
• Physical harassment: This involves any unwanted contact, threats, and intimidation. It can range from pushing and shoving to more severe forms of assault; even seemingly “playful” physical contact can constitute harassment if it is unwelcome.
• Criminal intimidation: This involves threats to an individual’s body, reputation, or property, or the body or reputation of someone they know, in order to intimidate the person into causing or stopping an act. For example, blackmailing a witness to crimes such as embezzlement, fraud, or corruption.
• Psychological harassment: This covers bullying, intimidation, and persistent criticism aimed at specifically undermining an individual’s confidence. For example, a manager consistently excluding an employee from important meetings or projects, or a team deliberately excluding a team member from team events.
• Cyberbullying: With the rise of digital communication, harassment can occur online through emails, social media, and messaging platforms. Sharing offensive content or sending threatening messages electronically are common examples.

Notable cases of workplace harassment that have made it into the national spotlight include colleagues making judgmental remarks to degrade and demean an employee and sexual harassment perpetrated by supervisors against their team members.

Practical Steps to Establishing a Harassment-Free Workplace

Creating a safe and work environment requires a multi-faceted top-down approach from employers:

1. Develop a Comprehensive Anti-Harassment Policy:
   1. Internal policy should clearly define prohibited conduct, outline reporting procedures, explain investigation and disciplinary actions. If possible, specific examples of what is considered workplace harassment or unacceptable behaviour should be included to make the policy as unambiguous as possible. This information may also be included in the employment contract under terms for termination of employment.
   2. The reporting procedure should be clear and accessible, ensuring anonymity and confidentiality to protect reporters.
   3. A strict non-retaliation clause should be included to protect whistleblowers and victims. Reporters should not be threatened with dismissal in order to protect the perpetrator or company’s reputation, which may constitute wrongful dismissal.
2. Provide Regular Employee Training:
   1. Effective employee training is essential for educating employees on recognising and preventing harassment, understanding their rights and responsibilities, and knowing how to report incidents.
   2. Employers should conduct mandatory training sessions for all employees, covering the company’s anti-harassment policy and relevant legislation. These should be done annually and proactively, or whenever there are changes to the relevant law. They should not just be conducted in reaction to incidents within the workplace.
   3. During these sessions, use interactive scenarios and case studies to help employees recognise and understand different forms of harassment.
   4. Training sessions should also provide information on available support resources within and outside of the company from reputable organisations like TAFEP.
3. Create a Culture of Respect and Inclusivity:
   1. Creating a safe work environment includes fostering open communication and trust through having clear channels to report any concerns to HR or a trusted manager.
   2. This can encourage employees to come forward with incidents of harassment without fear of reprisal. This is especially crucial if the alleged perpetrator is a supervisor or higher-ranking employee that may use their power or position to bully harassment victims into silence.
   3. Employers can promote diversity and equality in the workplace through inclusive hiring practices and workplace initiatives. Microaggressions and subtle forms of harassment should also be immediately addressed through education and awareness campaigns.

What Employers Should Do When Responding to Harassment Complaints

When a complaint is received, employers must act swiftly and responsibly:

1. Establish a Clear and Confidential Reporting Mechanism:
   1. Ensure employees feel safe to report incidents without fear of reprisal.
   2. Provide multiple reporting channels, such as a dedicated hotline, email address, or online portal.
   3. Ensure that all reports are treated with confidentiality and sensitivity.
2. Conduct Prompt and Thorough Workplace Investigations:
   1. Gather evidence from all parties involved, maintain confidentiality, and document all findings and actions taken.
   2. Assign a trained and impartial investigator to gather evidence from all parties involved.
   3. Conduct interviews with the complainant, the alleged harasser, and any witnesses.
   4. Maintain detailed records of all interviews, evidence, and findings.
   5. Workplace investigations should be completed in a timely manner, to prevent further distress.
3. Take Appropriate Disciplinary Action:
   1. Implement a range of disciplinary measures, from verbal warnings to termination, depending on the severity of the offense.
   2. Ensure that disciplinary actions are consistent and fair, and that they comply with relevant employment laws.
   3. Disciplinary actions should be recorded, and explained to the employee.
4. Provide Support to the Complainant:
   1. Offer counselling and resources to help the complainant cope with the emotional impact of harassment.
   2. Follow up and ensure the complainant’s safety and well-being. The complainant should feel safe and protected from retaliation.

Legal Considerations for Employers

A proactive approach to prevention and response not only mitigates legal risks but also fosters a positive and productive work environment. By implementing these strategies, employers can create a workplace where everyone feels safe, respected, and valued.

Employers must also be aware of their legal obligations under Singapore law. The Employment Act and Protection from Harassment Act (POHA) provide legal frameworks for addressing sexual harassment in the workplace and other forms of harassment. Employers who fail to address harassment complaints can face significant legal liabilities, including fines and damages.

Engaging a sexual harassment lawyer in Singapore or general employment lawyer in Singapore can provide valuable guidance in navigating these complexities and ensuring compliance with relevant legislation and best practices.

If your employee has been accused of workplace harassment, it is vital you seek immediate legal advice from Farallon Law regarding the next steps to take.