4 minute read
Navigating Workplace Bullying in South Africa
What You Need to Know
By Jessie Taylor
In workplaces across South Africa, employees face various challenges, but few issues are as emotionally and professionally damaging as bullying. Although the country’s labour laws have evolved significantly since the Labour Relations Act (LRA) of 1995, workplace bullying remains a complex issue that is not explicitly addressed in any specific legislation.
Workplace bullying refers to repeated, unreasonable behaviour directed toward an employee or group of employees that risks health and well-being. It includes actions such as intimidation and manipulation. Unlike traditional conflicts or isolated incidents, bullying involves a pattern of behaviour that undermines, belittles, or harasses an individual, often leading to significant mental and physical distress.
Examples of bullying behaviour include:
Verbal abuse or offensive comments
Belittling or humiliating remarks
Unjust criticism or blame without justification
Excluding someone from work activities or withholding important information
Setting unreasonable or constantly shifting deadlines
The impact of bullying extends beyond individual victims, often affecting entire teams and departments, leading to reduced productivity, low morale, and high turnover. Victims of bullying may suffer from depression, anxiety, mood changes, and even physical symptoms such as headaches and high blood pressure.
While South African labour laws do not specifically define bullying, there are provisions that offer employees some level of protection. The Employment Equity Act (EEA) prohibits unfair discrimination, which includes harassment. Section 6 of the EEA states that “harassment of an employee is a form of unfair discrimination and is prohibited”. Consequently, workplace bullying is often addressed as a form of harassment and can be pursued under unfair discrimination claims.
In cases where the bullying does not relate to a specific characteristic such as race or gender, the law still permits recourse if the bullying is deemed an “arbitrary ground” for unfair discrimination. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, introduced in March 2022, provides further clarity on addressing workplace bullying. This Code applies to all employers, including trade unions and informal sectors, mandating that employers prevent harassment and bullying and ensure a safe work environment.
Under this Code, employers are required to take proactive steps to prevent all forms of harassment, including bullying. Section 60 of the EEA holds employers accountable if they fail to act on complaints of bullying within a reasonable timeframe, and employers can face significant liability if they do not address bullying, with possible penalties including unlimited compensation in discrimination cases.
To address workplace bullying effectively, employers should develop clear anti-bullying policies and promote a zero-tolerance stance on harassment. Here are some essential actions employers can take:
Create a clear anti-bullying policy: Employers should implement policies that define bullying and outline procedures for reporting and investigating incidents. This helps employees understand their rights and the actions they can take if they experience or witness bullying.
Provide training: Regular training can help employees and managers recognise bullying behaviours and encourage a culture of respect. Educating staff on appropriate conduct and creating awareness about the consequences of bullying is essential in fostering a positive work environment.
Establish reporting channels: Employers should establish confidential and impartial reporting channels that allow employees to report bullying without fear of retaliation. Effective reporting mechanisms reassure employees that their complaints will be taken seriously.
Investigate incidents promptly: Employers must have a standard procedure for investigating bullying complaints, ensuring fairness and transparency. A thorough investigation demonstrates the employer’s commitment to creating a safe workplace.
Take corrective actions: If bullying is confirmed, employers should take swift corrective actions, which may include disciplining or even dismissing the perpetrator if necessary. This sets a clear example that bullying is unacceptable.
Employees have several legal options if an employer fails to address workplace bullying. They can refer unfair discrimination disputes to the CCMA. If the dispute remains unresolved, the case may escalate to the Labour Court, where it could be treated as an automatically unfair dismissal due to harassment.
Employees can also claim compensation in cases where bullying leads to an employee’s resignation or dismissal. Should it be found there was discrimination or unfair dismissal, the employee could be entitled to up to 24 months of remuneration.
Employers are legally obligated to create a safe work environment. Failure to meet this duty could result in the employer paying damages or compensation to the affected employee.
Workplace bullying is a serious issue that can have severe consequences for both employees and employers. Addressing this issue requires a proactive approach from employers, who must foster a culture of respect, implement clear policies, and take swift action against bullying.
