Workplace bullying: A serious problem with legal implications
Workplace bullying has serious legal implications for employers. It's imperative to have a good understanding of the law in order to take steps to create a safe and respectful work environment.
Workplace bullying is a pervasive issue that affects employees across various industries and levels of seniority. In South Africa, where labour laws have been developed to protect employees from unfair dismissal and labour practices, bullying in the workplace is often a grey area.
ALSO READ: KZN suppliers found guilty of widespread non-compliance with Consumer Protection Act
According to a 2013 Workplace Bullying Institute poll, 68% of executives consider workplace bullying a serious problem. Labour Guide SA noted that although South African statistics are sparse, it is likely that the issue is just as prevalent in the country.
What is Workplace Bullying?
Workplace bullying can take many forms, including verbal abuse, humiliation, and intimidation. It can be perpetrated by anyone, including colleagues, managers or supervisors. In terms of South African law, bullying is not specifically defined but it can be considered a form of harassment or unfair discrimination.
The Employment Equity Act (EEA) prohibits unfair discrimination and harassment in the workplace. If an employee is bullied, they can refer a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court. If the employee has been dismissed, they can refer a claim for automatic unfair dismissal.
Employers who fail to address workplace bullying may be liable for up to 24 months' remuneration if the employee is found to have been dismissed due to bullying, and unlimited compensation claims if the employee is found to have been the victim of unfair discrimination.
Recent cases, such as Mkhize and Dube Transport (2019) and Private Sector Workers Trade Union on behalf of Opperman and Gerrie Ebersohn Attorneys (2019), have confirmed that bullying can be considered a form of harassment and unfair discrimination. Employers should be aware that instances of workplace bullying should be dealt with quickly and decisively to avoid potential liability.
Social media can play a role in highlighting workplace bullying, but it is not a substitute for real solutions. Companies should focus on building inclusive workplaces where psychological safety is prioritised, according to a report by IOL.This can be achieved by addressing behaviour (not just gender) and providing safe and confidential reporting channels for employees.
ALSO READ: Here’s how much eThekwini residents may pay for water infrastructure surcharge
HOW TO LISTEN TO EAST COAST RADIO
1. Listen to East Coast Radio on the FM (frequency modulation) spectrum between 94 and 95 FM on your radio.
2. Listen live to ECR by clicking here or download the ECR App (iOS/Android).
3. Listen to East Coast Radio on the DStv audio bouquet, channel 836.
4. Switch to the audio bouquet on your Openview decoder and browse to channel 606.
5. Listen to us on Amazon Alexa.
Follow us on social media:
Image courtesy of iStock
Have a similar story or something unique to share? Email us at [email protected], we would love to hear from you!