LEGAL MATTERS BY JESSIE TAYLOR
Navigating workplace bullying in South Africa What you need to know
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n 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.
Examples of bullying behaviour include:
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.
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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,
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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