THE EARLIER article ‘Hotdogs’ & ‘Pussycats’- sexual harassment at work ( The Daily Express, 15th December 2025,
https://www.dailyexpress.com.my/read/6418/hotdogs--pussycats-sexual-harassment-at-work-/) was merely an “amuse-bouche to whet your appetite”.
Consider this week’s article as an ‘appetiser’ on the subject of Sexual Harassment at work in Sabah.
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Before delving into the intricacies of the legislation, it is pertinent to reflect upon the historical struggles of employees.
In Malaysia, recorded resistance to sexual harassment at work or misconduct traces back well before Malaysia formation on 16 September 1963.
As early as 1939, the Klang Indian Association organised a strike condemning the molestation of female workers by Europeans and ‘Black Europeans’.
This collective defiance was later mirrored by a cohort of 106 rubber tappers, men and women alike—at the Panavan Karupiah Estate in Perak, who laid down their tools.
Their steadfast refusal to tap another tree until the scourge of sexual molestation was answered serves as a poignant reminder that the demand for a harassment-free environment is a fundamental right that predates the very formation of the nation.
Adverse Effects of Sexual Harassment
The consequences of failing to protect employees from this scourge are profound.
According to the Human Rights Commission of Malaysia (SUHAKAM), victims often suffer from diminished job satisfaction, a heightened intention to resign or retire and severe impacts on their physical and mental health.
Beyond the individual, sexual harassment is a corrosive that damages the entire professional ecosystem at workplace. For the employer, the “unchecked” presence of such behaviour leads to a cascade of operational failures, including:
- Decreased Productivity: The presence of a hostile or intimidating environment distracts employees and diminishes the overall quality of work.
- High Staff Turnover: Harassment often leads to a greater intention among employees to resign or retire early, resulting in the loss of experienced talent and increased recruitment costs.
- Increased Absenteeism: Victims may avoid the workplace to escape their harassers, leading to a disruption in daily operations and team workflows.
- Stifled Innovation: A culture of fear or embarrassment reduces the incentive for employees to innovate or share new ideas, as their focus shifts from professional growth to personal safety.
- Operational Inefficiency: The overall successful operation of an organisation can be compromised when workplace misbehaviour is not addressed
New ‘Sexual Harassments’ Provisions in Sabah Labour Ordinance (Sabah Cap. 67)
After a two-decade wait for employees in the ‘Land Below the Wind,’ (a term inspired by Agnes Newton Keith’s famous book on Sabah previously known as North Borneo,
https://www.dailyexpress.com.my/news/131870/editor-true-pioneers-of-sabah-tourism/ ), a significant legislative gap was finally bridged on Labour Day 2025.
The amended Sabah Labour Ordinance (Sabah Cap. 67) has now harmonised local laws with the Employment Act 1955 of Peninsular Malaysia.
Central to this reform is section 2, which provides an expansive definition of sexual harassment: any unwanted conduct of a sexual nature, be it verbal, non-verbal, visual, gestural, or physical that is offensive, humiliating, or a threat to well-being.
This broad scope ensures that “hidden” or “modern” forms of harassment are no longer beyond the reach of the law.
Under’ Chapter IIB’, the Ordinance introduces a robust framework of statutory mandates that place clear responsibilities on the employer:
Section Provision Mandate
7R Duty to Investigate Places a strict obligation on employers to investigate complaints. They must either find the accused guilty, dismiss the case or refer it to the Director. If an employer refuses to investigate, they must inform the employee in writing within 30 days. The employee then has the right to refer the complaint to the Director.
7S Disciplinary Action Once harassment is proven, the employer is legally bound to take action, ranging from dismissal without notice to downgrading or suspension.
7T i. Directions to investigate
ii. The Accused Employer Once there is a complaint made to the Director, he may direct the employer to investigate and submit a report to the Director within 30 days of such direction. If an employer refuses to investigate, they must inform the employee in writing within 30 days. The employee then has the right to refer the matter to the Director. If the complaint is a against a sole proprietor employer, then the Director himself will investigate.
7U Findings of the Director & remedies Should the Director conduct the inquiry and find the complaint substantiated, the employee may be permitted to terminate their contract without notice. The employee is entitled compensation for notice in lieu and termination benefits
7V Display Notice Employers are now mandated to exhibit a notice at the place of employment at all times to raise awareness of sexual harassment
7W Penalty Employers may be liable to a fine up to RM50,000.
Sexual Harassment is Gender Neutral
It is absolutely vital to recognise that sexual harassment is fundamentally gender-neutral.
While the conversation often focuses on women, men are frequently victims as well and there is a rising awareness of harassment occurring between individuals of the same gender.
In Shamani Devi Chendra Chekheren v. Shangri-La Hotels & Resorts [2017] 2 LNS 0535, a female employee was dismissed for inter alia, sexually harassing her male superior.
The employer alleged that the Claimant-employee sent persistent, sexually explicit messages to her Director via Facebook and SMS.
These included describing dreams of colleagues having “gay sex,” stating she thought of sex whenever looking into his eyes and accusing him of “staring at the ass” of another employee.
Furthermore, she repeatedly addressed him as “Ubbie” (meaning “darling” or “honey”) despite being warned earlier to stop her unbecoming behavior.
The Industrial Court held that sexual harassment is gender-neutral; the law protects all employees regardless of whether the victim is male or female and found the conduct constituted “sexual annoyance”—sexually related conduct that is offensive and creates a bothersome working environment.
Take aways
Silence has historically been the harasser’s greatest ally, mainly because such cases were rarely reported. But this has changed. In the words of the Industrial Court (Shahrin Abdul Mutalib v Worldwide Fund for Nature Malaysia [2019] 2 LNS 2233), the days of the ‘office Romeo’ are numbered.
The line of decency is now drawn in statutory ink in the Sabah Labour Ordinance (Sabah Cap. 67).
The new statutory mandates aim to dismantle this culture of quiet complicity.
By empowering the Director to intervene when employers fail to investigate, the law ensures that victims are no longer left without recourse.
The new amendments provide a mechanism for victims of workplace sexual harassment to lodge a complaint to the employer or the Director of Labour.
With liability extending to a fine of RM50,000 and the mandatory display of awareness notices has signaled zero tolerance for ignorance.
Employers must now proactively cultivate a safe environment, for the cost of negligence is no longer just reputational damage, it is a direct financial and legal liability.
