Bullying in the Workplace Versus the Health of Employees: A Thundering Storm in the Professionals’ Career Path

Abstract

The recent jurisprudence on bullying calls for a review of the legislation that regulates it in the workplace. Bullying is currently governed by the provisions of Protection from Harassment Act. Section 23 of the Constitution of the Republic of South Africa, 1996 prevents unfair labour practice in the workplace. This is endorsed in section 186(2) of the Labour Relations Act 55 of 1995. The stipulations of Occupational Health and Safety Act 83 of 1993 places an obligation on employers to create a conductive workplace. These statues however do not expressly refer to bullying. The meaning of bullying is construed in the context of harassment. Item 19.2.2 of the Code of Good Practice on the Integration of Employment Equity into Human Resources Policies and Practices, General Notice 1358 of 4 August 2005 narrows down the meaning of harassment. There is case law that shows the narrow interpretation of harassment in the context of bullying in cases such as Centre for Autism Research and Education CC v Commission for Conciliation, Mediation and Arbitration and Others (2020) 12 BLLR 1260 (LC). There are authors that agree that the continuation of bullying in the workplace is an outcry that the legislature ought to pay attention to. This article analyses the statutes that govern bullying, and approach followed by courts and it provides a way forward that the legislature and courts should consider going-forward. In addition, the author looks at the position of bullying in the United States of America and does a comparative study between South Africa and the United States of America.