Order 14 — Sexual Harassment and Discrimination in the Workplace

(1) Where in an action before the Court, a Claimant alleges sexual harassment at the workplace, the Claimant or the Claimant’s counsel may in the complaint, indicate whether the sexual harassment is:
(a) Physical conduct of a sexual nature: such as unwanted physical contact, ranging from touching to sexual assault and rape, strip search by or in the presence of the opposite sex, gesture that constitutes the alleged sexual harassment; and/or
(b) A verbal form of sexual harassment: such as unwelcome innuendoes, suggestions and hints, sexual advances, comments with sexual overtones, sex related jokes or insults, or unwelcome graphic comments about a person’s body, unwelcome and inappropriate enquiries about a person’s sex life and unwelcome whistling at a person or group of persons, any document, material or exhibit in further support of the claim; and/or
(c) A non-verbal form of sexual harassment which includes unwelcome gestures, indecent exposures, and unwelcome display of sexually explicit pictures and objects; and/or
(d) Quid pro quo harassment where an owner, employer, supervisor, member of management or co-employee undertakes or attempts to influence or influences the process of employment, promotion, training, discipline, dismissal, salary increments or other benefits of an employee or job applicant in exchange for sexual favours.

(2) Where in an action before the Court, a Claimant alleges workplace discrimination, such Claimant shall state whether the alleged workplace discrimination is on any of the following grounds:
(a) ancestry,
(b) religion,
(c) gender,
(d) marital status,
(e) family situation,
(f) genetic heritage,
(g) ethnic origin,
(h) political or ideological convictions,
(i) union affiliation,
(j) tribe,
(k) handicap or disability,
(l) health,
(m) pregnancy, and
(n) any other ground.

(3) The Claimant shall also in the complaint, indicate the activity, (including the mode, manner, correspondence and communication) that constitutes the alleged workplace discrimination.

(1) The defendant in an action arising from workplace discrimination or sexual harassment shall file the defence to the complaint within 14 days of being served the process.

(2) The defendant in addition to the defence filed, may file a counterclaim and witness statement on oath and the Court may treat it in accordance with the rules of the Court.

(3) Where in any of the claims or complaints arising under Rule 1(1) of this Order, there is no satisfactory evidence entitling the Claimant or the defendant to judgment of the Court, the Court may non-suit or dismiss the action.