Let’s be real: most of us head to work to get the job done, earn a living, and maybe enjoy a decent cup of coffee. It shouldn’t feel like walking into a battlefield or a high school clique where you’re constantly looking over your shoulder. Whether it’s a boss who won’t quit the “subtle” put-downs or a colleague making life miserable via WhatsApp, harassment is more than just a bad day; it’s a violation of your rights. The good news? South African law has sharpened its teeth lately. The rules have changed to cover way more than just the “obvious” stuff, putting the power back in your hands to ensure that “earning a living” doesn’t come at the cost of your sanity.
Understanding Harassment:
The Employment Equity Act (EEA) defines harassment as a form of unfair discrimination. It can include not just sexual harassment, but also:
- Passive-aggressive behaviour: This involves indirect hostility, like subtle put-downs or deliberate exclusion.
- Bullying: This is repeated, unreasonable behaviour intended to intimidate, humiliate, or control someone.
- Ostracising: Intentionally excluding someone from social interactions or work activities.
- Cyberbullying: Using technology to bully or harass someone online or through work channels.
- Career sabotage: Deliberately hindering someone’s professional development or opportunities.
- Racist, sexist, or LGBTQIA+-phobic rhetoric: Hate speech and discriminatory language.
What’s Changed?
Recently, the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace has been updated. This means:
- Broader Scope: The code now encompasses a wider range of harassing behaviours, protecting employees from a more diverse spectrum of abuse.
- Formal and Informal Options: Victims can choose a formal grievance process or a more informal approach to address the issue.
- Employer Responsibility: Companies have a stronger obligation to prevent harassment. This includes:
- Zero-Tolerance Policy: Having a clear stance against harassment and enforcing it consistently.
- Workplace Education: Providing employees with training and resources to recognize and report harassment.
- Investigation and Action: Promptly investigating reported incidents and taking appropriate disciplinary action.
What if I experience Harassment?
- Speak Up: Don’t suffer in silence. Report the incident to your supervisor, HR department, or another trusted person within your company.
- Document Everything: Keep a record of dates, times, and details of the harassing behaviour. This can be vital evidence.
- Seek Support: Talk to a friend, family member, or a trusted colleague. There are also support organisations available to help victims of workplace harassment.
Employers Must Act:
Employers have a legal responsibility to provide a safe working environment free from harassment. This means taking complaints seriously, conducting thorough investigations, and disciplining harassers. Failing to address these issues could result in the employer being held liable for damages.
Don’t Let It Happen to You!
The updated Code of Good Practice is a positive step towards creating safer workplaces in South Africa. However, both employees and employers need to understand their rights and responsibilities.
By speaking up if you experience harassment and companies upholding their zero-tolerance policies, we can work towards a workplace culture of respect and dignity for all.
Need Help?
If you’re experiencing harassment at work, it’s crucial to seek legal advice. At BBP Law Attorneys, we understand the emotional and legal complexities of such situations. Contact us today for a consultation and let us help you navigate your options.
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