Workplace bullying happens all the time, and more often than not, it’s not as simple as obvious physical intimidation or verbal aggression. It can include a whole range of actions, like someone else constantly taking credit for your work; sabotaging your work; setting deliberately impossible deadlines so that you fail; criticising you unfairly and trying to humiliate you by doing it publicly, to name a few. Victims of bullying can experience severe stress to the point of having their ability to work affected by it – and it can then become an issue with legal consequences.
For example, in one case that dealt with victimisation in the workplace, the employee complained that the company’s HR manager was bullying and victimising her both inside and outside of the workplace. She was later dismissed for ‘medical incapacity’, but said that her employer was using this as a convenient way to get rid of her – especially since the company was aware that she had lodged formal grievances about the bullying.
The law is complicated when it comes to bullying, victimisation or harassment, and there isn’t always a clear-cut answer. If you are still employed by the company, you can refer a case of unfair discrimination in terms of the Employment Equity Act. If you’ve been dismissed, you could look at a case of automatic unfair dismissal in terms of Section 187 of the LRA.
Tips:
- Keep a record of all bullying incidents – document everything. If you decide to take legal action, it will help your case.
- Make use of your company’s internal procedures (if they have these) to lodge grievances. This way, the incidents go on their record as well.
Source: Medical Schemes Act 131 OF 1998
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* This is only basic advice and cannot be relied on solely.