Today is Bosses Day and While many South African employees may be familiar with the processes around hiring and firing process, fewer may know the law around being bullied at work.
According to an expert bullying in the workplace, the path towards a resolution is often not clear, especially when the bully is your boss.
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 but the Employment Equity Act in section 6(1) does contain a prohibition against unfair discrimination.
In a recent case, an employee referred a complaint for bullying to the CCMA as an unfair dismissal claim.
The employee alleged that her 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