Abstract:
Workplace bullying has become prevalent. The study assesses the efficiency of the regulatory framework for workplace bullying in South Africa. The study found no specific legislation that regulates workplace bullying in SA. The regulatory framework for workplace bullying is proliferated and does not provide an integrated remedy for victims for bullying. In South Africa, workplace bullying is considered a form of harassment and prohibited under section 6 (3) of Employment Equity Act No 55 of 1998. A Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace was issued on 18 March 2022. The Code is intended to provide some kind of guidance on the control of workplace bullying as a form of harassment. The Code is not binding and only provides guidance to employers and employees.
Violence and harassment in the workplace is an area of focus for the ILO. The 2019 ILO Convention on the Prevention and Elimination of Violence and Harassment in the world of work provides the international labour law standard for workplace bullying. South Africa has ratified C190 and it will take effect on 22 November 2022. South Africa can learn from Australia and deal with workplace bullying through its occupational health and safety laws and common law. Workplace bullying leads to psychological harm and such harm should be treated the same as physical harm. The failure of the employer to exercise a duty of care should be punished by our courts. Furthermore, the application of the principle of vicarious liability for employers who do not do all that is reasonable and practicable to protect victims of workplace bullying should be promoted.
The current system of protection offered to victims of workplace bullying in SA is not efficient nor adequate. The study recommends that legislation defines workplace bullying and remedies for victims to be clearly articulated. As a consequence, this will require an amendment to some of the provisions of the EEA to incorporate punitive sanctions against employers who fail to exercise a duty of care to prevent all forms of workplace harassment.
