Now that it is established that workplace bullying indeed forms part of the broader legislation, one has to determine how it is specifically classified within the scope of protected rights. A quantitative non-experimental ex-post facto design is … What some employees see as a tough boss, others see as a bully. In South Africa, there is still no legal certainty on the definition of bullying. (3) Harassment of an employee is a form of unfair discrimination and is prohibited on any one or a combination of grounds of unfair discrimination listed in subsection (1).”, It can be directly inferred from these provisions that ‘workplace bullying’ forms part of the concept of ‘harassment’. 1, pp. Like in many other countries, there is no law in South Africa prohibiting bullying per se. Orientation: Workplace bullying has negative physical and psychological effects on employees and several negative effects on organisations. In the case of Mkhize and Dube Transport (2019) 40 ILJ 929 (CCMA), in which the employee referred a complaint for bullying to the CCMA as an unfair dismissal claim, the CCMA exercised its discretion to assess the real reason for the employee's referral, and determined that although the employee had referred a dispute for unfair dismissal, the true complaint was about victimisation in the workplace. The reality is that once you expose the bullying, it will often stop. provided that the reason can be demonstrated, a case for harassment can be made out. I have not submitted it … Workplace bullying studies in South Africa focus mainly on the health sector. This approach, that bullying is a form of harassment, and to be dealt with in terms of the EEA as unfair discrimination, was also recently confirmed in Private Sector Workers Trade Union on behalf of Opperman and Gerrie Ebersohn Attorneys (2019) 40 ILJ 1159 (CCMA). Expat Interviews by What's it like TV. Bullying can be defined as any abuse of real or perceived power that targets minors (anyone under the age of 18 in South Africa). Tasneem Omar (442305) Supervisor: Dr. Colleen Bernstein. The bottom line is bullying targets in the workplace in South Africa possess some characteristic or exhibit some behavior that causes them to become the target of a bully. Thus, the purpose of this study is to enrich theory on the influence of context in workplace bullying by exploring what participants perceive to be organizational antecedents of bullying in the workplace, with specific reference to South Africa. The provision which comes nearest to encompass this concept would be Section (6) of the Employment Equity Act 55 of 1998, which states that-. Introduction Since the ground-breaking study by Leymann (1996), workplace bullying (WPB) has begun to receive more attention and recognition as an important social and organisational problem (Moreno-Jiménez, Mu oz, Salin & Benadero, 2008). Orientation: . # 1138, 9 pages, doi: 10.15700/saje.v35n3a1138 The nature of workplace bullying experienced by teachers and the biopsychosocial health effects J. Workplace Bullying For many people, including myself, the word ‘bullying’ may spark unpleasant memories from the school playground. Currently, no validated measures exist within the South African context to measure workplace incivility and to study its impact on employees and organisations. Victims of workplace bullying are targeted because they are perceived to be a threat in some way. This page is aimed at educating employees on workplace bullying as an issue that is negatively affecting employees, organisations and the society at large. Yes, bullying is a workplace issue. South African Journal of Education, Volume 35, Number 3, August 2015 1 Art. It makes you feel afraid and degraded and often it makes a person feel like they are worthless. Workplace bullying is a worldwide phenomenon. 251 5.4 Common law and the contract of employment 252 Should this not suffice, the normal grievance procedures, as stipulated in unique company policy, should be followed. Medical Negligence Regarding the process, once harassment is present, the CCMA advises that one ought to take notes and keep an adequate record of every instance of alleged bullying. (25 of 2002), The Promotion of Equality and Prevention of Unfair Discrimination Act 2000, (PEPUDA or the Equality Act Act No. Living in Johannesburg - Expat Interview with Francesca (Italy) about life in Joburg, South Africa - Duration: 5:37. Nicol Myburgh, Head of the HR Business Unit at CRS Technologies, discusses what bullying entails and the precautions companies can take against this form of abuse. This bullying might include unrealistic production goals, forced overtime, or … A research project submitted in partial fulfilment of the requirements for the degree of MA by coursework and Research Report in the field of Industrial Psychology in the Faculty of Humanities. … Although statistical data relating to the South African workplace is sparse, it is not unreasonable to assume that statistics from the United States would not have a fair correlation to the South African experience; in this regard a 2013 Workplace Bullying Institute (WBI) poll showed that 68% of executives considered “workplace bullying a serious problem” and the 2014 Survey showed 48% of Americans are affected by workplace bullying. [1]Harassment Info Sheet CCMA-I832-2018-01 www.ccma.org.za/advice/Information-sheet. I declare that the content of this thesis has never before been … Personal Injury By Bradley Workman-Davies, director and labour law specialist at Werksmans Attorneys. With more than a third of employees reporting acts of bullying in the workplace, this has become a significant issue in South Africa that negatively impacts teamwork and morale. They are often skilled, talented employees who are gaining recognition and popularity. Work Place Mobbing – Cape Town South Africa. South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices. Consequences of Workplace bullying in South Africa” is my own work. Section 6(2) also provides that "Harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in subsection (1)." Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. Consequences of Workplace bullying in South Africa” is my own work. 75 of 1997), Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), The Occupational Health and Safety Act 85 of 1993 (OHSA), Unemployment Insurance Act No. Eskilz Private College was established in 2002. A reading of the WPB literature thus indicates a need for further research on WPB among South … Due diligence means that employers shall take all reasonable precautions, under the particular circumstances, to prevent injuries or incidents in the workplace. As with any abusive behaviour, the underlying issue is that of the balance of power – workplace bullying is no different. Antecedents of Bullying in the South African Workplace: Societal Context Matters. South Africa is indeed lagging behind on research and awareness on workplace bullying. Interestingly, in the case of Simmadari v Absa Bank Ltd (2018) 39 ILJ 1819 (LC), the Labour Court found that these two referrals are not mutually exclusive, and a dismissed employee may refer both claims simultaneously. Workplace bullying, personality and work engagement among South African employees. If the employee has not been dismissed and remains employed, the appropriate referral would be for unfair discrimination in terms of the EEA; if the employee has been dismissed, the appropriate referral would be for automatically unfair dismissal (based on unfair discrimination). In this instance, the CCMA took on the role of developing the legislator’s intention as to include ‘workplace bullying’ as a form of ‘harassment,’ which is acknowledged and protected under the current legislation. In terms of existing labour laws, bullying is not specifically defined or referred to in any of the legislation, including the Labour Relations Act, the Basic Conditions of Employment Act, or the Employment Equity Act. Workplace bullying has been identified as a significant workplace problem which is not isolated to a specific occupation or profession. How To Improve Your Focus and Limit Distractions, Invitation to our online workshop: Restoring Your Workplace Effectiveness, World Knowledge Olympiad: Grade 8 to Grade 12 Learners, More Johnson&Johnson Vaccines Arriving This Week, President & Health Minister Among First To Be Vaccinated, COVID-19 Corona Virus South African Resource Portal. This includes actions like physical attacks, purposeful alienation, spreading false rumours, verbal abuse and various forms of emotional mistreatment. 249 5.3.4 Is workplace bullying harassment or a dignity violation? Aviation Accident Law, The Constitution of the Republic of South Africa 1996, The Road Accident Fund Ammendment Act 19 of 2005, Basic Conditions of Employment Act (No. What is workplace bullying? While many South African employees may be familiar with the processes around hiring and firing, fewer may know the law around being bullied at work. Having the spotlight on them is the most effective tool for starting to deal with bullies. 8. said this in relation to the history, Keywords: mobbing self-identified bullies, South Africa, teachers, workplace bullying, 1. Posted Sep 27, 2018 groups that differ in socio-demographic characteristics, SOC . Bullying and Racism in the Workplace South Africa, as a developing country, currently faces enormous economic and political challenges leading to spiralling labour cost and the need to improve productivity in the workplace. Third Party Claims Are there any laws addressing bullying in the workplace in South Africa? However, the Employment Equity Act in section 6)(1) does contain a prohibition against unfair discrimination, such that "No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground." University of the Witwatersrand, Johannesburg. This will be vital as to prove the allegations. Institutional bullying happens when a workplace accepts, allows, and even encourages bullying to take place. This includes actions like physical attacks, purposeful alienation, spreading false rumours, verbal abuse and various forms of emotional mistreatment. There may be many reasons why a person becomes a workplace bullying target. Hospital Negligence 4 of 2000). (b) Distinguish, exclude or prefer any person on the basis of an inherent requirement of a job. South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others. prevalence of workplace bullying in South Africa and to see . 2 DECLARATION I hereby declare that this dissertation is my own unaided work. De Cuyper, N., Baillien, E., & De Witte, H. (2009). “ (1) No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth. But workplace bullying has a shadowy component to it. With the recent headlines regarding the University of Witwatersrand appointing a legal firm to probe claims of sexual harassment at the University and the firing of a lecturer for failing to disclose past misconduct of a similar nature, workplace harassment has once again come under the spotlight in South Africa. Generally, it is advisable that the person affected confront the harasser directly in the presence of a witness, to cease the harassment immediately. Resource Management, 10(1), 1-15. (a) Take affirmative action measures consistent with the purpose of this Act; or. differenc es in how employees experience bullying according . A SOUTH AFRICAN CONTEXT AND THE ROLE OF COPING AS A MODERATOR IN THE BULLYING – WELL-BEING RELATIONSHIP Leanne Upton Dissertation submitted to the School of Human and Community Development, University of the Witwatersrand, for the degree of Master of Arts February 2010 . [2] See Simmadari v ABSA Bank Ltd (2018) 39 ILJ 1819 (LC) where the Labour Court determined that referrals based on unfair discrimination and unfair dismissals are not mutually exclusive, as the discrimination could lead to an automatically unfair dismissal as a result of the harassment. Markus A Momberg January 2010 . However, the manner in which women perceive it is rather peculiar. 50-72. Workplace Bullying in South Africa. Just about anyone is a potential target. (2016). It is thus evident that although the legislator had not expressly named/defined ‘workplace bullying’ in the current legislation, the forums entertaining labour disputes had acknowledged and developed such a concept to form part of the broader term of harassment. Malcolm Lyons and Brivik Inc. are leading Attorneys in South Africa specialising in: Your right to claim for an assault at sea, Virtual Legal Support for Victims of Gender-based Violence, COVID-19 forces the CCMA to “Think Digital”. The primary aim of the present study was to investigate the nature and prevalence of workplace bullying in two distinct workplaces, the South African National Defence Force (SANDF) and Power Group, in the Western Cape, South Africa. 63 of 2001, Rules for the Conduct of Proceedings before the CCMA, Protection of Personal Information Act 2013, Electronic Communications and Transactions Act No. Intentional blocking of promotion or training opportunities. With the recent headlines at the University of the Witwatersrand, workplace harassment has once again come under the spotlight in South Africa. Little did I know I was in for a start of what would be drama for possibly the rest of my life… The machine loads up and I click away at the mouse. With the recent headlines at the University of the Witwatersrand, workplace harassment has once again come under the spotlight in South Africa. Even if the reason for the bullying is not one of the listed grounds (race, gender etc.) 5.3.2 Defining and explaining workplace bullying in South Africa Explaining workplace bullying 238 Defining workplace bullying 243 5.3.3 Should workplace bullying be regulated or not? It can thus either take on the form of physical, emotional or verbal harassment. Following on from Sinéad Kane’s previous blog 10 simple ways to help overcome bullying, here is Sinéad’s next blog on how best to handle bullying in the workplace. Generally, bullying will be recognised as harassment, and therefore unfair discrimination. Additionally, it is usually easy to determine when an act on the part of the employer has taken place which constitutes a dismissal or action which might be an unfair labour practice. Unfortunately, bullying also makes you stop wanting to go out because you are scared you might see the person bullying … Africa Journal of Management: Vol. Workplace bullying has negative physical and psychological effects on employees and several negative effects on organisations. The precipitating event is not the cause of the workplace bullying but rather the … Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. Bullying is very difficult for children, or anyone, to deal with. In the recent case of Mkhize and Dube Transport [3]  the Commission found that it would always have jurisdiction to entertain an unfair discrimination/dismissal dispute based on bullying, victimisation or harassment, and if it remains unresolved, the following arbitration would have to be held at the Labour Court. Labour Law Throughout the entire lifecycle of Personal Information in any … While many South African employees may be familiar with the processes around hiring and firing, fewer may know the law around being bullied at work. Workplace Bullying in South Africa. Luckily this can be avoided. 7. By Bradley Workman-Davies, Director, Werksmans Attorneys South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights to not be unfairly dismissed, and to not be subject to unfair labour practices. However, a process is in its infant stage to address bullying and harassment in the workplace. Workplace Bullying in South African Labour Law Currently, South African Labour Law doesn’t expressly define or include workplace bullying in any legislation. In general, workplace bullying targets are those individuals that don’t fit in. The provision which comes nearest to encompass this concept would be Section (6) of the Employment Equity Act 55 of … All the resources I used for this study are cited and referred to in the reference list by means of a comprehensive referencing system. If there is a reluctance to pay due attention to the alleged harassment, an aggrieved employee may also contact their union or employee’s organisation to attempt to address the dispute with the employer directly. Bullies are often indiscriminate in the selection of their targets. [2]. The preceding exposition shows that despite the growing body of research on WPB worldwide, there is a need for De Vos and G.J.C. Cunniff and Mostert (2012:2) surveyed the prevalence of workplace bullying among employees in six sectors in South Africa: financial, mining, government, manufacturing, academic and call centres. What documents do I need to register my uFiling account? How to pay and renew your vehicle license online? The employee had alleged that the HR manager of the employer was bullying and victimising her, both inside and outside of the workplace, and that although she had ultimately been dismissed for medical incapacity, the employer had actually sought to use this as a convenient method to get rid of her, after having lodged a grievance about the bullying allegations. Although the CCMA didn’t have to contend with the facts of the matter, it confirmed that where an employee has a dispute about bullying, victimisation or harassment, although the CCMA can always conciliate the dispute, if the parties fails to agree on a resolution, the next step (arbitration) must be at the Labour Court, as the dismissal then could be an automatically unfair dismissal, which the Labour Court has exclusive jurisdiction to determine. Sharing experience on living abroad. South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights to not be unfairly dismissed, and to not be subject to unfair labour practices. Unwelcome sexual advances and/or gestures; Making unsubstantiated threats about job security; Undermining a competent worker by means of overloading or constant criticism; or. Workplace Bullying in South African Labour Law, Currently, South African Labour Law doesn’t expressly define or include workplace bullying in any legislation. Precipitating Event. By Bradley Workman-Davies, Director, Werksmans Attorneys South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights to not be unfairly dismissed, and to not be subject to unfair labour practices. In Canada, occupational health and safety laws include the concept of due diligence. Workplace bullying: Remedies and recourse in South African Law. By possessing some specific characteristic or by showing a specific behavior, they unwittingly end up as the target of a bully. I declare that the content of this thesis has never before been used for any qualification at any tertiary institute. Sadly, South Africa shares an equal part of the unhappy state of affairs. Tougher legislation is needed in South Africa when it comes to bullying and a formal stand against any form of bullying in the young or the old can bring an awareness into the future that could influence the lowering of statistics of violence against Women and Girls in … About one-fifth of South African women in … Bullying Workplace Bullying: Causes, Effects, and Prevention A recent article discusses and reviews causes and effects of workplace bullying. According to Statistics South Africa, in 2011: The overall HIV prevalence rate was 10,6%. Nicol Myburgh, Head of the HR Business Unit at CRS Technologies, discusses what bullying entails and the precautions companies can take against this form of abuse. Nearly half of all American workers (49%) report that they have been affected by workplace bullying, either being a target themselves or having witnessed abusive behaviour against a co-worker. Prevalence of workplace bullying of South African employees. Kirsten School of Education Studies, Faculty of Education Sciences, North-West University, Potchefstroom, South Africa … 2, No. THE SOUTH AFRICAN WORKPLACE by NGAO DORCAS LENYALO MOTSEI Submitted in partial fulfilment for the degree DOCTOR OF PHILOSOPHY in ORGANISATIONAL BEHAVIOUR in the FACULTY OF ECONOMIC AND MANAGEMENT SCIENCES at the UNIVERSITY OF PRETORIA Supervisor: Prof S.M Nkomo PRETORIA SEPTEMBER 2015-ii- ABSTRACT The majority of the extant literature on workplace bullying has focused on bullying … Aids and other poverty-related diseases such as tuberculosis and cholera place a tremendous strain on South Africa’s health care system. Although not a new phenomenon, workplace harassment, including acts of bullying, discrimination and sexual harassment, has been identified as one of the most rapidly increasing workplace problems throughout the world. However, when it comes to bullying in the workplace, the path towards a resolution is less clear. Medical Malpractice Product Liability We provide blended learning solutions to corporates to people with disabilities. 317 likes. Although statistical data relating to the South African workplace is sparse, it is not unreasonable to assume that statistics from the United States would not have a fair correlation to the South African experience; in this regard a 2013 Workplace Bullying Institute (WBI) poll showed that 68% of executives considered “workplace bullying a serious problem” and the 2014 Survey showed 48% of Americans are … A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. These two institutions thus have exclusive jurisdictions to entertain such disputes. Victims of workplace bullying are targeted because they are perceived to be a threat in some way. [3] Mkhize and Dube Transport (2019) 40 ILJ 929 (CCMA). With more than a third of employees reporting acts of bullying in the workplace, this has become a significant issue in South Africa that negatively impacts teamwork and morale. the workplace, in particular, the use of the word “kaffir”, visiting upon such misconduct the sanction of dismissal. Its Monday morning and I turn up to my work desk, switch on the computer and start my day away just like all the others in the past. More recently, the Constitutional Court in . THE IMPACT OF WORKPLACE BULLYING ON INDIVIDUAL AND ORGANISATIONAL WELL-BEING IN A SOUTH AFRICAN CONTEXT AND THE ROLE OF COPING AS A MODERATOR IN THE BULLYING – WELL-BEING RELATIONSHIP Leanne Upton Dissertation submitted to … South African Journal of Human . Medical Law They are often skilled, talented employees who are gaining recognition and popularity. Orientation: Workplace bullying has negative physical and psychological effects on employees and several negative effects on organisations. Methods to deal with bullying #1: Have an anti-bullying policy or organisational statement that defines what would not be tolerated in the workplace. of South Africans feel bullied in the workplace, while results from Cunniff and Mostert’s (2012) study showed that 31.1% of the participants had experienced WPB. WORKPLACE BULLYING: A HUMAN RESOURCE PRACTITIONER PERSPECTIVE by MANASE MORONGOA MOKGOLO submitted in accordance with the requirements for the degree of DOCTOR OF PHILOSOPHY in the subject PSYCHOLOGY at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: Prof H A BARNARD NOVEMBER 2017. i DECLARATION Although statistical data relating to the South African workplace is sparse, it is not unreasonable to assume that statistics from the United States would not have a fair correlation to the South African experience; in this regard a 2013 Workplace Bullying Institute (WBI) poll showed that 68% of executives considered “workplace bullying a serious problem” and the 2014 Survey showed 48% of Americans are … We need to look at enacting specific legal provisions that provide workplace and civil remedies for the victims. All the resources I used for this study are cited and referred to in the reference list by means of a comprehensive referencing system. of workplace bullying in South Africa and whet her there are . Case law and CCMA Awards had managed to classify this form of harassment as cases of either unfair discrimination or unfair dismissals, based on how far the harassment had progressed. In terms of existing labour laws, bullying is not specifically defined or referred to in any of the legislation. Africa. Although statistical data relating to the South African workplace is sparse, it is not unreasonable to assume that statistics from the United States would not have a fair correlation to the South African experience; in this regard a 2013 Workplace Bullying Institute (WBI) poll showed that 68% of executives considered “workplace bullying a serious problem” and the 2014 Survey showed 48% of Americans are … Workplace bullying: Remedies and recourse in South African Law. The CCMA had developed ‘information sheets’ [1] which state that ‘harassment’ in the workplace also extend to-.