The Women, Family and Community Development Ministry issued a media statement on 12 July 2024 that the Tribunal for Anti-Sexual Harassment (‘
the Tribunal’) has issued an award in respect of the first complaint received by the Tribunal.
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A female employee alleged in her complaint that her male employer had sexually harassed her physically. After considering the evidence, the Tribunal was satisfied that the complainant had proved her case that her employer had sexually harassed her. The Tribunal ordered the complainant’s employer to issue a statement of apology to the complainant, as requested by her.
The Tribunal is established under section 3 of the Anti-Sexual Harassment Act 2022 (‘
the Act’) to provide an expeditious, inexpensive and easy mechanism for victims to seek redress for sexual harassment.
The complaint was disposed within the prescribed 60-day time frame commencing from the first day of the hearing for the Tribunal to make its award under section 19(1) of the said Act.
In a news report, the Minister of Women, Family and Community Development, Datuk Seri Nancy Shukri, said that four complaints of sexual harassment have been lodged with the Tribunal as of 8 June 2024.
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Comments
The award is noteworthy as it is the first award issued under the Act since the Tribunal was established. With the commencement of operations of the Tribunal, victims of sexual harassment (regardless of gender) now have a less costly and more expeditious avenue to seek redress against those who perpetrate sexual harassment against them.
In accordance with the complainant’s request, the Tribunal in this instance only issued an order directing the employer to apologise to the complainant. However, it should be noted that the Act also allows the Tribunal to make other orders, namely to require the respondent to publish a statement of apology if the act of sexual harassment was carried out in public, to pay compensation or damages not exceeding RM250,000 and to order the parties to attend any programme as the Tribunal thinks necessary.
Alert by Foo Siew Li (Partner) of the Employment Law Practice of Skrine.