“A workplace is exactly that and should not ordinarily be confused with a ‘find me love’ sanctuary or lonely hearts club for love sick employees” – Judge Edwin Tlhotlhalemaje in in Rustenburg Platinum Mines Limited v UASA obo Pietersen and others[1]
With the onset of the industrial revolution centuries ago, the working environment changed forever, with many industries adopting a 24 hour, 7 days a week operating model, including many services industries such as hospitals, filling stations, security services, fast food establishments and the mining and extractive industries. Shift-systems are implemented, to ensure continuous, uninterrupted operations. It is estimated, that between 2 to 3 million South Africans, regularly work “night shifts”. Section 17 of the Basic Conditions of Employment Act defines “night work” as any work performed after 18h00 in the evening and before 06h00 the following morning.
When employees find themselves routinely working night shifts, it stands to reason that their social (and love lives) are drastically affected, as they are unable to participate in social settings, the same way the majority of the workforce in the country does: Work during the day, go out after hours to socialise and meet people (and yes, to possibly find love).
When employees are caught in the confines of a shift system, especially “night shift”, the opportunities to meet new people or to find love outside of the working environment, drastically diminishes. As a result, many employees may find themselves being the recipients of unwanted sexual advances by co-workers. Incidents of Gender-Based Violence and Femicide (“GBVF”), which includes sexual harassment, is an issue across all sectors and all shifts in many working environments. However, the risk and severity often increase during night shifts due to reduced supervision, isolated work environments / remote working areas, especially in the mining industry.
During November 2025, the South African Government declared GBVF a national disaster and has formulated multi-sectoral strategies and policies aimed at responding and combatting this crisis. This includes the Guidance Note for the Management of GBVF, Safety and Security Challenges for Women in the South African Mining Industry, issued by the Chief Inspector of Mines in 2024 (“the Guidance Note”) as well as the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace by the Department of Employment and Labour (“the Code”).
Despite these interventions, GBVF in the workplace continues to be prevalent. There is often a general misunderstanding on the part of employees as to what constitutes GBVF. It should go without saying that the mere fact that an employee is required to work closely with you, does not mean that they should be the target of one’s desire to find love.
Judge Tlhotlhalemaje went further in Rustenburg Platinum Mines Limited v UASA obo Pietersen to find that “There is a school of thought that holds the view that human beings can be slaves to their urges. That being so, it does not imply that employees are incapable of controlling those urges in the workplace. A workplace should be free from ‘amorous’ and testosterone filled employees looking for love and gratification at every available opportunity. There is everything wrong when employees express their affection in the workplace to each other, to the point where the conduct in question is frowned upon, as it crosses that fine line between innocent attraction and sexual harassment. Where such conduct creates a sexually hostile and intimidating work environment that undermines the dignity, privacy and integrity of the harassed, this is where Item 4.4 of the 2005 Code (Code of Good Practice on the Handling of Sexual Harassment cases in the Work) becomes relevant…”.
While it is difficult to manage the conduct of employees in the workplace, employers must continue to ensure that the working environment remains safe and without risk to employees and that any incidents of GBVF in the workplace, is investigated and dealt with appropriately and expeditiously.
In compliance with the provisions of both the Guidance Note and the Code, employers must ensure that they implement internal systems to educate employees on GBVF in general and to establish appropriate structures for victims of GBVF in the workplace, to safely report such incidents without fear of victimisation or retaliation.
[1] (2018) 39 ILJ 1330 (LC) (27 February 2018)
We have enhanced our occupational health and safety – focused training services to include Gender-Based Violence and Femicide (GBVF) training, as well as the prevention and elimination of harassment in the workplace, with a particular emphasis on the mining and natural resources sector.
We are proud that this programme (which applies to the mining and non – mining sectors) is now accredited by the @South African Institute of Occupational Safety and Health (SAIOSH).
For more information or to arrange customised training for your operations, please contact Melanie Hart at melanie@bv-inc.co.za or Eben van Zyl at eben@bv-inc.co.za.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.