MSC McKay Anti-Sexual Harassment Policy & Procedures Document
1.Introduction
The physical, emotional, and mental health and safety of all staff, members of the Board of Directors, and private contractors contracted by, or on behalf of MSC McKay Ja. Ltd, customers and/or other third parties conducting business with MSC McKay Ja. Ltd and interacting with its employees are of paramount importance and as such this policy was established to address any occurrence of sexual harassment at MSC McKay Ja. Ltd.
Sexual harassment in the workplace is a form of sex discrimination which negatively affects the working environment, undermines gender equality at work, creates unfair employment practices, and adversely impacts the dignity and well-being of workers. It creates psychological anxiety and stress for complainants and if ignored, can result in high costs through loss of productivity, low worker morale, absenteeism, and staff turnover.
All sexual harassment cases will be handled confidentially to ensure that both the respondent’s and the complainant’s safety and privacy are protected. The Chief Operating Officer (COO), in tandem with our HR Consultant, will have oversight responsibility for the enforcement of the Policy and to mitigate any possible occurrence of incidents of sexual harassment and reprisal. The COO and the Regional Managers for Region one (1) and two (2) will monitor the occurrence of sexual harassment across the company and take the necessary steps to ensure employee awareness of the policy. Periodic reviews of this policy will be done to ensure that it is in keeping with best practices and following The Sexual Harassment (Protection and Prevention) Act, 2021, which aims to protect all Jamaican citizens in the workplace.
MSC McKay Ja. Ltd. is committed to providing a safe, respectful and inclusive work environment, free from sexual harassment.
Sexual harassment, once established as such, will not be tolerated under any circumstances.
2. Policy
2.0 Policy Statement
MSC McKay considers the health and safety of employees to be one of its main priorities and as such, believes it is the company’s mandate to ensure that employees are provided with a workplace free from hazards, discrimination and/or harassment.
The Management team will take decisive steps to ensure the safety of all employees, to prevent acts of sexual
harassment from occurring and to take corrective action where such acts have occurred.
Through this policy, MSC McKay seeks to make clear its zero-tolerance approach to any form of sexual harassment in the workplace, will treat all incidents seriously and promptly and investigate all sexual harassment allegations. Any person found to have sexually harassed another will face disciplinary action in line with our Grievance Policy and Corrective Action Guide guidelines which state under Corrective Action number 25:
“Sexual or other unlawful harassment refers to any unwelcome sexual advance, request for sexual or other favours, or other discrimination, whether communicated verbally, physically, by body language or gesture, which causes interference with work performance or otherwise creates an intimidating, hostile or offensive work environment”.
Collectively, MSC McKay through the Management prohibits any form of harassment against company employees by any of its members.
Suppose an offence of this nature is committed. In that case, the rules of fairness and natural justice are to investigate and appropriately address the matter, without bias, by providing a fair hearing through our Human Resources (HR) Consultant. Employees will be provided with clear outlets for reporting these matters confidentially without the threat of reprisals or victimisation as a result of their report.
Further Information will be facilitated through the COO and the Human Resource (HR) Consultant. This session will serve to help employees understand their options if they should become a complainant of sexual harassment at work.
3.0 Applicability & Availability
All employees and managers must sign a copy of the policy to confirm their comprehension of the document. All individuals will be bound by the terms outlined in the policy, which addresses all types of harassment, including incidents involving same-sex, supervisors, clients, managers, directors, and opposite-sex interactions.
Additionally, external partners who collaborate directly with MSC McKay Ja. Ltd employees must be informed about the company’s
policy regarding this issue.
The Policy will be made available in the following manner:
a) published on MSC McKay Ja. Ltd’s website
b) included in orientation materials for new staff members c) email advisory
4.0 Scope
This policy applies to all staff, members of the Board of Directors, Managers, Supervisors, private contractors contracted by or on behalf of MSC McKay, customers and/or other third parties conducting business with MSC McKay and interacting with its employees.
All forms of harassment will be considered under this policy as listed below in Section 5.0.10 – Types/Forms of Sexual Harassment.
Investigators will apply a standard test of objectivity based on whether a person could have anticipated such conduct to cause a humiliating and intimidating effect on another person. This is referenced under “reasonableness of conduct” below in section 5.0.10.
The policy identifies any occurrence of “unwanted behaviour” as sexual harassment. Therefore sexual harassment may occur frequently, several times, intermittently, over an extended period or in a brief moment.
The policy considers reports of unwanted behaviour at any point in time during the employment contract. Matters reported under this policy may lead to criminal proceedings under the Sexual Offences Act and any other applicable laws. Depending on their nature, these matters will be referred to the Jamaica Constabulary Force for independent investigations and proceedings.
5.0 Definitions
The following definitions taken from the International Labour Organization (ILO) will be used when considering sexual harassment in the workplace.
5.0.1. Complainant
The person who files a complaint.
5.0.2. Respondent
The person alleged to have committed the act to which the complaint relates.
5.0.3. Accused
Someone who bothers or intimidates another person over time, especially through unwanted and offensive sexual behaviour.
5.0.4. Complaint
A verbal or written statement made alleging sexual harassment.
5.0.5. Management
Senior/Middle/Lower Management which includes the Managing Director (MD), Chief Financial Officer (CFO), Chief Operating Officer (COO), Chief Information Officer (CIO), Chief Business Development Officer (CBDO), Chief Technical Officer (CTO), Regional Managers (RM), Personal Assistant/Business Development/Client Relationship Officer (PA/BDCRO), Operations Support Coordinator (OSC), Technical Manager.
5.0.6. Workplace
In a workplace, every physical space, whether enclosed or open, movable or stationary, where employees work or frequently visit for work-related purposes falls under this definition. This encompasses all areas connected to the workplace like rooms, lawns, and surrounding spaces. The concept of a workplace extends beyond just physical locations where work is conducted, such as an office. It also includes any place controlled directly or indirectly by the employer that employees need to access to fulfil their job duties. Additionally, workplaces comprise all areas where employment-related activities occur due to work responsibilities or the employment relationship. This includes work-related social events, conferences, training sessions, official business trips, meals, client or partner engagements, phone conversations, and electronic communication channels.
5.0.7. Harassment
Harassment frequently involves an abuse of power where the target(s) of the harassment can experience difficulties in defending themselves. Harassment at the workplace is any unwanted/unwelcome and offensive action, repeated and unreasonable act, addressed to a worker or a group of workers that causes difficulty in the performance of an assigned job or causes a worker to believe that he/she is working in a hostile environment. This can also cause risk to the health and safety of the worker.
5.0.8. Sexual Advance
Includes any one or more of the following forms of conduct/behaviour:
- physical contact of a sexual nature
- a demand or request or pressure for sex or favours of a sexual nature
- sexual suggestions, remarks or innuendos
- the showing of pornography or the display of images or objects of a sexual nature
- any other physical, gestural, verbal, non-verbal or visual conduct of a sexual nature
5.0.9. Sexual Harassment
Sexual Harassment shall be defined as any conduct, act or behaviour that constitutes unwanted and unwelcome conduct of a sexual nature by one person towards another.
Sexual harassment is therefore defined as behaviour that involves:
- unwanted/unwelcome sexual advances
- request/pressure for sexual favours
- verbal or physical conduct or gesture of a sexual nature
- other behaviour (non-verbal) of a sexual nature that makes the recipient feel humiliated, offended, violated, insulted and/or intimidated.
Sexual Harassment in the workplace can be damaging to an employee as well as the organisation. In other words, sexual harassment is:
- Misuse of sexual behaviour
- Request for sexual favour
- Verbal statements or physical actions or gestures that describe a sexual act
- Unwanted/unwelcome action of a sexual nature which occurs where:
- the recipient has made it clear that the behaviour is unwanted
- the recipient feels humiliated, offended and/or intimidated by the conduct
- The perpetrator should have reasonably anticipated that the other person would be offended, humiliated and/or intimidated by the conduct. Unwanted conduct is any behaviour that is not requested/wanted/reciprocated by the complainant and is considered inappropriate behaviour by the worker.
5.0.10. Types/Forms Of Sexual Harassment
Sexual harassment can take various forms:
a. Physical Harassment
Includes unwelcome touching in a sexual manner such as kissing, patting, pinching, stroking, hugging, giving a massage around the neck or shoulders, touching the person’s clothing in a manner that brings discomfort, touching the hair or body, standing close or brushing up against another person, cornering, impeding or blocking movements.
b. Verbal Harassment
Includes unwelcome comments about private life or body part(s) or a person’s appearance, sexually suggestive jokes and comments, turning work discussions to sexual topics, repeated invitations for dates, or spreading rumours about a person’s sex life.
c. Non-verbal/Gestural Harassment
Includes sexually suggestive body language inclusive of, repeated winks, gestures with fingers, licking of lips, throwing kisses, giving personal gifts or blocking a person’s path.
d. Visual/Written or Graphic Harassment
Includes display of pornographic materials, sexually explicit pictures, screen savers or posters, or harassment via emails, telephone calls and other modes of electronic communication.
e. Psychological/Emotional Harassment
Consists of persistent proposals and unwelcome requests, unwanted invitations to go out on dates, insults, taunts or innuendoes of a sexual nature.
f. Quid Pro Quo
(A favour or advantage granted/expected in return for something)
Includes coercive sexual behaviour within the work environment by a person in authority which is used to control, influence, or affect the employee’s career, salary or work environment. That is, a promotion, training opportunity, wage increases, etc.
g. Stalking/Cyberstalking
Obsessively following, besetting, contacting and watching a person, either physically or using the internet, telephone, mail, and other media, motivated by what the perpetrator believes are feelings of desire and love but in fact, constitute sexual harassment.
h. Voyeurism (“Peeping Tom”)
The act of watching, taping, recording, or photographing a person without his/her knowledge, while the person uses or inhabits a space where they have an expectation of privacy such as their home, a public bathroom, changing room etc.
i. Intimidation/Bullying/Retaliation
Persons often use non-sexual behaviour to accommodate sexual harassment. Therefore any act of intimidation meant to prevent someone from reporting sexually harassing behaviour or to punish someone for reporting sexually harassing behaviour must be considered a type of sexual harassment.
j. Unintentional Sexual Harassment
Acts or comments of a sexual nature, not intended to harass, can constitute sexual harassment if another person feels uncomfortable with such actions/subjects. Claiming to not understand or failing to know that an act is harassing does not mean that it is not in fact harassment. This conduct may be addressed by utilising the informal resolution channel. NB: NB: Acts or comments of a sexual nature, not intended to harass, can constitute sexual harassment if another person feels uncomfortable with such subjects. Claiming to not understand or failing to know that an act is harassing, does not mean that it is not in fact, sexual harassment.
k. Toxic Environment
A combination of the above can create a toxic and oppressive environment for the direct target but also for other persons in shared environments who may not be targeted. Even if a person is not the direct target of sexual harassment but is made uncomfortable and is offended by the creation of a toxic environment, they should be able to make a report of sexual harassment.
l. Reasonableness of Conduct
Measuring reasonableness in sexual harassment can be done by identifying whether the behaviour leading to sexual harassment conduct is making the complainant feel uncomfortable, offended, ashamed or afraid. An objective test can be taken based on the condition that a person could have anticipated such conduct would cause a humiliating and intimidating effect. Further, the conduct must be considered within the context in which ‘it occurs’. Certain conduct does not only refer to the frequency of occurrence or intimidating conditions but also refers to different situations.
m. Unwelcome Behaviour
This occurs when the person subjected to sexual conduct considers it unwelcome in the specific circumstance that the offence occurs and also represents any other form of unwelcome conduct.
n. Sanctions
Threatened penalties for disobeying a rule or a law.
All types of sexual harassment are considered prohibited behaviour.
- An employer or supervisor shall not make it appear that, the prospects or working conditions of that worker are contingent upon the worker’s acceptance or tolerance of sexual advances from the employer or supervisor, or, that the worker will suffer any form of disadvantage in connection with employment unless the worker accepts or is tolerant of sexual advances from the employer or supervisor.
- An employee must not engage in sexual harassment towards a colleague.
- A prospective employer must not engage in sexual harassment against someone who is applying for a job.
- A prospective employer will not make it appear to a person seeking employment that the offer of employment to that person, or the terms on which employment is offered, or a benefit(s), are contingent on that person’s acceptance of, or submission to, sexual advances from the prospective employer.
- The above prohibitions apply equally (as applicable) to Board Members in connection with employees and workers (representatives of MSC McKay).
- Likewise, no Board Member, employee or worker of MSC McKay Ja. Ltd will make it appear to an employee that their status at MSC McKay is contingent on their acceptance of, or submission to sexual advances of said MSC McKay representatives. No benefit (e.g. the provision of accommodation) shall be offered, or made out to be offered, based on acceptance of sexual advances.
- No one in MSC McKay, regardless of whether they are in a position of authority or not, should sexually harass an employee of MSC McKay.
These cited instances of Sexual Harassment are not exhaustive.
6.0 Responsibility
The following roles and responsibilities will apply under this policy.
6.1. Management
To provide/facilitate a workplace that is free from forms of discrimination and or harassment.
6.1.1. To take the necessary steps to prevent the occurrence of sexual harassment in the workplace and or eliminate sexual harassment if it occurs.
6.1.2. To provide an environment which discourages victimisation.
6.1.3. To demonstrate commitment to the policy by leading by example, and responding immediately and appropriately if an offence occurs in the workplace.
6.1.4. To monitor and revise policy and education/information programmes based on changes in national and international policies and standards as necessary.
6.2. Employee
6.2.1. To report offences experienced or witnessed when they occur in keeping with the guidelines provided by this policy.
6.2.2. To obtain and become familiar with the organization’s policy on anti-sexual harassment.
6.2.3. To ensure that behaviour conforms to the requirements of the organization’s anti-sexual harassment policy
6.2.4. To pay attention to the responses of others to avoid offence. 6.2.5. To examine their behaviour, gestures and comments.
6.3. Human Resource Consultant
6.3.1. To make all employees and workers aware of their obligations to provide a workplace free from sexual harassment.
6.3.2. To treat all complaints seriously and confidentially.
6.3.3. To take immediate and appropriate corrective action in line with this policy and the company’s Grievance Policy & Corrective Action Guide.
6.3.4. To provide guidance and education where requested and/or appropriate, to cases and subsequent decisions relating to sexual harassment.
6.3.5. To document and investigate all cases of sexual harassment. All documentation should be filed in the complainant and respondent’s personnel files.
6.3.6. To appropriately discipline employees who harass other employees and those who make false accusations.
6.4. Anti-Sexual Harassment Dispute Settlement Committee
A committee for sexual harassment dispute settlement will be established within the company. The Committee will consist of the following:
- Legal Officer or his/her nominee (Chair)
- A Third Party trained to handle disputes of this nature. This member may come from the Bureau of Gender Affairs or another qualified resource determined by the Chair.
- HR Consultant.
The Committee will have the responsibility to:
6.4.1. Notify employees of their rights, depending on the nature of the sexual harassment.
6.4.2. Report the matter to the police where criminal proceedings are required.
6.4.3. Take care not to prejudice the respondent.
6.4.4. Provide the respondent with an opportunity to tell his/her version of the incident and to identify all supporting witnesses.
6.4.5. Ensure the investigations and grievances relating to matters under their purview are handled in a manner that ensures the identities of the persons involved and all records relating to the harassment complaint are kept confidential.
6.4.6. Ensure provisional working arrangements are made, if necessary, to ensure the complainant and respondent continue working in a safe environment while the case is being investigated. This could include a temporary relocation of the respondent/complainant to a different workspace.
7.0 Confidentiality
All reports of sexual harassment must be documented and carefully stored for monitoring and assessment.
Nonetheless, MSC McKay will strive to safeguard the privacy of all individuals involved during the investigation process. In the event of a policy breach, the expectation of privacy will be adjusted to the extent that is legally permitted.
investigations are carried out thoroughly.
Individuals who deal with sexual harassment complaints are trained specifically on this issue and the nature of sexual harassment. As such, complaints will be dealt with exclusively by the HR Consultant, either through the complainant’s Regional Manager, the COO or directly to the HR Consultant.
Complainants of sexual harassment may have different preferences for how they want to resolve the matter. Some may prefer an informal resolution to simply stop the matter, while others may seek more formal measures. Informal resolution mechanisms may be inappropriate in cases where the allegation is serious or when the accused is also the complainant’s supervisor or manager.
It is therefore very important then that the HR Consultant handling the complaint be aware and sensitive to these different needs and ways of resolving conflict, as well as the sensitivity of resuming normality when there is a Manager/Supervisor and employee dynamic.
8.0 Reporting A Complaint
Complaints of sexual harassment may be dealt with by adopting the company’’s Grievance process, with the matter reported to the HR Consultant, through the Regional Manager and/or the COO.
However, deviations from this process may become necessary to respond to the complainant’s needs and ensure that
9.0 Steps in Handling Sexual Harassment
9.1 Steps When An Incident is Reported
In situations of sexual harassment, it is advisable for the individual affected to communicate to the alleged perpetrator that the behaviour is unwelcome. If the harassed party feels unsafe or uncomfortable addressing the offender directly, it should be reported to their
Regional Manager and/or the COO, who will in turn, report the incident to the HR Consultant.
9.1.1. Step 1 – Informal Procedure
When the report is received, the HR Consultant will:
- The HR Consultant should ensure the complainant comprehends the company’s process included in this document for handling complaints.
- Interview the complainant to understand the complaint.
- Have the complainant write and submit a report using the template provided.
- Immediately record the dates, times and facts of the incident(s).
- Determine the complainant’s desired outcome (informal/formal resolution).
- Deliberate and decide on the next steps: whether to address the issue informally or formally. Keep in mind that opting for an informal resolution does not prevent the complainant from escalating to a formal complaint if they are unsatisfied with the result.
- Keep a confidential record of all discussions.
- Respect the choice of the complainant.
- Make sure the complainant is aware that they have the option to file the complaint with the appropriate authorities outside the company, especially if they feel there is a threat outside of the workplace.
10. Where the respondent confirms that the allegation made is correct, there may be no necessity to hold a Hearing. However, the HR Consultant will determine the matter of sanctions, see 10.0.
9.1.2. Step 2 – Formal Procedure
MSC McKay acknowledges that sexual harassment can cause emotional and mental distress. In such instances, the complainant will receive support from a counsellor if needed. If the distress is related to reporting a Supervisor or Manager, the HR Consultant will provide counselling and guidance on the company’s protection against victimisation.
To continue with the report on the alleged harassment, the HR Consultant will:
1. The HR Consultant will make sure that the individual accused of harassment comprehends the procedure for filing complaints.
2. Allow the alleged accused to respond to the complaint.
3. An essential step in safeguarding the accused’s interests and reputation, as well as verifying the complainant’s intentions, involves initiating an independent investigation that may include interviewing witnesses, if available.
4. A discussion will be arranged between both parties, provided the complainant agrees and feels comfortable, to reach an informal resolution that satisfies the complainant.
5. The HR Consultant will make sure to maintain a confidential record of the discussions that take place in those meetings.
6. Follow up after addressing the complaints to verify that the behaviour has ceased.
7. The HR Consultant will ensure the completion of the mentioned process promptly and within thirty (30) days of receiving the complaint.
If the above steps do not lead to a satisfactory outcome for the complainant, and the behaviour persists, the matter will be referred to the Tribunal or the Bureau of Gender Affairs.
9.2. Reporting Options
If the accused holds the role of the designated person/HR Consultant, or if the complainant has reservations about potential bias from the designated person/HR Consultant, the situation will need to be escalated to the Bureau of Gender Affairs, the Police, or the Tribunal.
If the complainant prefers to report the issue to a woman instead of a man, or to a man instead of a woman, they can choose to speak with the COO who will in turn advise the HR Consultant, who will provide the proper guidance.
If the complaint pertains to the chief managers in the company, e.g. (MD, CIO, CFO, COO, CBDO, CTO) or a Board Director or client, it should be reported directly to the HR Consultant.
9.3. Misleading and/or False Reporting
Unsubstantiated or false rumours and submission of intentionally false or misleading information of wrongdoing will constitute misconduct for which disciplinary action or other appropriate measures (including termination, following due process) may be imposed.
10.0 Sanctions
Disciplinary action will be taken against any person found to have committed sexual harassment and also against any person who intentionally makes a malicious, frivolous, vexatious or false statement of sexual harassment. This is distinct from a complainant whose complaint is heard and the allegation is not sufficiently substantiated by the HR Consultant or by the relevant authorities.
Depending on the outcome of investigations relating to unwanted behaviour; The HR Consultant may recommend sanctions as outlined in this policy section. The sanctions listed within this policy will complement those referenced in the Grievance Policy. Possible outcomes of a Hearing are:
a) A finding that the allegations are not warranted or could not be substantiated; or
b) A finding that the allegations are substantiated and constitute sexual harassment or inappropriate behaviour and, if so, a recommendation(s) for corrective action/sanction outlined in this policy.
Each case will be assessed based on the following:
10.0.1. The severity or frequency of the harassment;
10.0.2. The extent to which the accused should have anticipated that such behaviour was unacceptable or unwanted;
10.0.3. The level of remorse; or
10.0.4. Whether there have been any prior incidents or warnings.
10.1. Applicable Sanction
In assessing whether an act, conduct, or behaviour amounts to sexual harassment, all the surrounding circumstances will be carefully examined. The evaluation will consider if the behaviour formed a pattern, and if not, whether a particular serious incident is significant enough to be classified as such. The decision will be made based on the specific findings of the case.
Each sexual harassment case will be assessed based on its merit and taking into consideration the points listed above. Depending on the issues, the sanctions to be applied by the company may include but are not limited to the following:
10.1.1. Issuing a written warning or reprimand;
10.1.2. Issuing a transfer or reassignment of duties to the respondent (where this can be facilitated);
10.1.3. In serious cases, termination of employment, following due process;
10.1.4. Training or counselling of the respondent as necessary to ensure that he/she understands why his/her conduct violated the company’s Anti-Sexual Harassment Policy.
10.1.5. State external options available to the complainant for redress.
10.1.6. The requisite provisions of the company’s Code of Conduct as existing from time to time will be applied in the case of sanctions against employees in the absence thereof.
Where persons have been found to have committed a minor act of sexual harassment, the Regional Manager, HR Consultant, (or the COO in the case of the Regional Manager or Supervisor), will monitor their conduct to ensure behavioural change.
Contracts issued to persons engaged to carry out work on behalf of the company must include a clause on sexual harassment and be listed as grounds to terminate the contract in the event the same occurs.
10.2 Complainant Support & Protection Of Respondent
After a complaint has been received but before a final determination of the matter, the HR Consultant will make reasonable efforts to:
10.2.1. Offer counselling and/or other mental/physical health assistance to the complainant; and
10.2.2. Keep the complaint, its details, and the acknowledgement of its existence confidential to safeguard the respondent’s privacy until a decision is reached.
11.0 Rights To Redress
A complainant has the right to seek redress before a Tribunal under the Labour Relations and Industrial Disputes Act, any Tribunal established by law to treat Sexual Harassment from time to time, or the Supreme Court of Jamaica.
However, it is encouraged that all internal mechanisms are exhausted before any matter is referred to any Tribunal with jurisdiction for these matters or the Supreme Court.
12.0 General Information
12.1. Consensual Relationships
Interactions between managers/supervisors and employees, such as sexual relationships, even if they are consensual, are considered a fundamental breach of professional ethics and accountability when the manager/supervisor holds any professional responsibility for the employee’s performance.
Romantic or sexual relationships among employees outside of managerial or supervisory roles can also pose challenges. The same concerns apply to relationships between colleagues. Because of the power dynamics in such relationships, any sexual involvement between these groups could be exploitative and should be steered clear of. In cases of alleged sexual harassment, the company typically does not consider a defence based on consent valid, if there is a power imbalance between a manager/supervisor and an employee in the relationship.
12.2. Protection against Retaliation or Victimisation
Bullying, intimidation, or threats employed to enable sexual harassment or to retaliate against individuals who have reported such misconduct will be treated as instances of harassment, sexual harassment, or other disciplinary concerns.
12.3. Malicious Complaints & Non-Liability
If a complainant (regardless of being a manager, supervisor, or employee) is discovered to have filed a false, baseless, or harassing allegation of sexual harassment, they would violate the Policy and could face disciplinary measures as outlined in the Grievance Policy, Code of Conduct or other relevant company policies, regulations, rules, or governing documents.
The company has the option to refrain from pressing charges or imposing sanctions in situations where mitigating factors call for such leniency. These circumstances must be significant enough to justify the use of discretion, such as cases where the complainant has a diagnosed psychological, mental, developmental, or emotional condition that could affect their perception of sexual harassment.
12.4. Liability for Sexual Harassment
Anyone found to violate this policy will be held accountable and may face disciplinary measures, including termination after due process is followed.
12.5. Confidentiality
Sexual harassment claims must be documented and stored securely in a confidential file for monitoring and assessment. The company is committed to safeguarding the privacy of all individuals involved during the investigation process. As mentioned earlier, MSC McKay will not reveal any details about a complainant or the complaint’s situation unless it is essential for investigation or disciplinary action. Any violation will be considered misconduct and dealt with accordingly.
12.6. Legislation
Under present Jamaican law, the Sexual Harassment (Protection and Prevention) Act, 2021 is used as the instructive legislative framework for this policy and redress for sexual harassment cases shall be applied as outlined in the Act.