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MANAGING HARASSMENT IN THE

WORKPLACE

Colette Tanner, in eliminating harassment. such as undermining and in the Constitution is unfair establishing acceptable employee
Operations Director, Claims of harassment in the intimidation to be accepted as unless it is established that engagement and interaction
DRG workplace can quickly escalate normal or at least tolerated. discrimination is fair. norms in the workplace.
into legal disputes through the Harassment may occur as a
Commission for Conciliation, result of an accepted pattern Harassment may be the result Employers must define
n the Mediation and Arbitration of persistent conduct, or from of physical attacks or acts unacceptable workplace behaviour
workplace (CCMA), labour court actions, a single event. In the case of of violence, verbal bullying, and must clearly define harassment
Itoday, and civil lawsuits, resulting in a single event, harassment intimidation, hostile accusations, as an unacceptable activity
managing relationship and reputational may exist if the conduct is of a and/or psychological conduct in within the company. Employers
harassment fallouts and damage claims serious nature. Whether a single that workplace. It may also be must define such expectations
is a critical against the organisation. instance of conduct will be associated with emotional abuse by providing training across all
employer sufficiently serious to constitute and involve behaviour that has levels within the organisation, by
responsibility. Harassment is defined in the harassment must be determined serious negative psychological conducting interactive workshops,
It is Employment Equity Act 55 in relation to the event, and on consequences for the complainant, and through implementing an
essential in of 1998 (EEA) as unwelcome the impact to the complainant. and include verbal abuse, unambiguous and enforceable
maintaining conduct, inappropriate bullying and/or mobbing. A policy with steps to guide
employee well-being, suggestions, and insinuations. An employer must conduct a broad spectrum of conduct in the employees who would like to
fundamental meeting legal Harassment can be aimed directly prompt and fair investigation into workplace may be considered as report an incident of harassment.
compliance requirements, and at an employee, for example all reports of harassment in the harassment, for example spreading Employees must have access
vital in maintaining employee through direct abusive language, workplace and ensure the context false or damaging statements to a safe and structured channel
productivity. Harassment in the acts of violence or indirectly in which the harassment occurred about an employee or the direct to report harassment though
workplace is a broad governance though coercive power. The EEA’s is clearly understood. sabotage of an employee. a formal grievance policy that
priority, carrying both legal risk primary goals are to achieve provides multiple reporting
for the directors, and cost and workplace equity, by eliminating Equality Under the Law Proactive Steps Required avenues, confidentiality, and clear
reputational risk for the company. unfair discrimination and One of the principal tenets of Employees are required to resolution timelines.
implementing affirmative action our South African Constitution report incidences of harassment
Directors and business measures. Unfair discrimination is equality under the law. The Bill to their employer timeously, and Employers must have a
owners have a fiduciary duty impacts on Constitutional of Rights is the cornerstone of employers must act promptly and disciplinary code in place that
to act decisively in matters rights of South African citizens, the Constitution, and Section 9 impartially when harassment explicitly prohibits all forms of
where harassment arises in the constitutes as a barrier to equality deals with equality. Subsection is reported. A thorough and harassment, and a Code that is
workplace, and the responsibility in the workplace, and is prohibited 3 of the Constitution, which is unbiased investigation is required. consistently applied to ensure
to implement proactive measures in terms of section 6(1) of the within the Bill of Rights, contends Depending on the sensitivity or fairness and credibility.
that safeguard all employees EEA. All employees in South that the state may not unfairly the profile of the case, it might be
from activities perceived as Africa have the right to be treated discriminate directly or indirectly appropriate for the company to Everyone in South Africa has
discrimination. Failure to do fairly and with dignity. against anyone on one or more bring in an external investigator to the right to be treated fairly in
so could result in their personal grounds, including race, gender, ensure neutrality and credibility. the workplace, and nobody has
liability, costly litigation for Harassment involves unwanted sex, pregnancy, marital status, The employer must act in line the right to intimidate or harass
the company, and irreparable and unwelcome – verbal, ethnic or social origin, colour, with the prescribed Code of any another employee. The South
damage to the company’s brand physical, or visual, that causes sexual orientation, age, disability, Good Practice, the company’s African labour legislation is firm in
and reputation. distress, alarm, or violates a its expectation that every employer
person’s dignity, and creates an religion, conscience, belief, disciplinary code and policies. It will create a safe and harassment
Employers are under heightened intimidating, hostile, or degrading culture, language and birth. These is the obligation of the employer free work environment. This is an
scrutiny to promote safe, respectful work environment. Harassment is South African rights are echoed to consult with all parties, to employee right, and this right is
working environments through typically a calculated action taken and enforced throughout our take necessary steps to address sacred in terms of the law. 
the introduction of the Code of by a perpetrator. The employer labour legislation and manifesting the complainants’ concerns, to
Good Practice on the Prevention must understand the impact of case law. act in line with the Code, and to
and Elimination of Harassment, various cultural norms within their Furthermore, no person may take necessary steps to resolve the For more information please contact
as defined in South African labour work environment and must act unfairly discriminate directly reported or perceived harassment. Colette Tanner,
legislation since March 2022. proactively to establish standards or indirectly against anyone on Employers must be actively T: +27 (0)31 767 0625
E: colette@drg.co.za
that are consistent with that which one or more grounds in terms of aware and take proactive steps
Eliminating Harassment is understood to be acceptable the subsection (3) and national to prevent harassment from W: www.drg.co.za
Harassment simply cannot be conduct in terms of the law. legislation must be enacted occurring in the workplace. This
tolerated in the workplace and to prevent or prohibit unfair is actioned through implementing
employers have an obligation Undeveloped or immature discrimination. Moreover, a zero-tolerance approach to
to ensure they have taken the company cultures can elicit discrimination on one or harassment, by fostering a culture
necessary steps to act proactively harassment in the workplace, more of the grounds listed of dignity and respect, and by
allowing undesirable behaviors

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