The Minister of Employment and Labour has published the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace in terms of the Employment Equity Act (EEA). The Code became effective on the 18th of March 2022 and has placed a positive duty on employers to play their part in preventing bullying in the workplace.
In terms of the Code “Bullying includes a wide range of insulting, demeaning or intimidating behavior that lowers the self-esteem or self-confidence of an employee and may be an escalating process in the course of employment in which the complainant ends up in an inferior position and becomes the target of systematic negative social acts”.
It is important to note that being a “strong manager” does not automatically mean that the manager is a bully. Managers have the responsibility to ensure that each employee performs to the expected standard and behaves in accordance with company values. They have a duty to maintain discipline and productivity and should take appropriate action where the standards are not being met, or values not being adhered to.
BULLYING IS A FORM OF HARASSMENT?
In South Africa, all forms of harassment related to one or more of the listed grounds set out in section 6 (1) of the Employment Equity Act, 1998 (EEA), or any other ‘arbitrary ground’, are regarded as “unfair discrimination”. Harassment, and bullying for that matter, constitutes a barrier to equity and equality in the workplace.
Workplace bullying has negative physical and psychological effects on employees and several negative effects on organizations.
Workplace bullying manifests in a wide variety of behaviors. These may include:
– Public humiliation and criticism
– Verbal abuse
– Social exclusion
– Intimidation
– Unfounded accusations
– Spreading rumors
– Ignoring a person or “giving the cold shoulder” for long periods.
WHAT EMPLOYEES CAN DO?
If you think you are being bullied at work, start by keeping record of exactly how, where and when these events occur. Talk to your Manager or Supervisor, the Human Resources (HR) Manager, Union Representative or a Workplace Health and Safety Officer. If the bullying causes you to leave your job or results in your dismissal, you may be able to make out a claim for unfair dismissal.
WHAT CAN EMPLOYERS DO?
To identify whether bullying is happening in your business or organisation, look for signs like sudden unexplained changes in:
– Rates of absenteeism
– Sick leave
– Staff turnover
– Grievances
– Work-related injuries
– Customer complaints.
These may be indicators that bullying is causing dissent and distrust amongst employees, which in turn may lead to a loss in productivity, quality and ultimately profit.
HOW TO REDUCE THE RISK?
Here are a few easy steps to reduce the risk of bullying in the workplace:
– Develop and promote a written policy which rules out bullying in the workplace
– Ensure Managers and Supervisors know how to promote a safe and fair workplace
– Provide awareness training for Managers and staff
– Have a complaint-handling procedure for dealing with problems if they arise
– Encourage staff to come forward with problems or complaints
– Survey staff on workplace bullying or discuss it at staff meetings
MONITORING AND REVIEWING
Once control measures have been implemented, they should be monitored and reviewed to ensure they are effective in managing the risk of workplace bullying. If the control measures do not work the situation should be analyzed further to determine how to fix the problem.
A review must be carried out in consultation with workers and their health and safety representatives (if any). A review can be conducted at any time, but it is recommended it is conducted:
- When workplace bullying has been substantiated
– At the request of a health and safety representative or a health and safety committee
– When new or additional information or research about workplace bullying becomes available
IN CONCLUSION
Identifying and preventing workplace bullying is not a simple task. and in many instances rather serious interventions are required. You are best advised to consult a reputable labour law specialist on how to approach such situations.
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