What is workplace bullying, and what does the law say about it?

Workplace bullying — both in-person and digital — is surfacing more frequently across South African offices, leaving employees uncertain about the next steps and even the security of their jobs. 

What constitutes workplace bullying and digital harassment?

According to the CCMA, under the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (“the Code”), which took effect on March 18 2022, bullying and harassment are broadly defined. 

Examples include: unwanted conduct that impairs dignity, “creates a hostile or intimidating work environment,” or is calculated to induce submission through threats or adverse consequences. Psychological abuse, repeated insults, humiliation, social exclusion, professional isolation, sabotage of work performance, and even “cyber-bullying” via email, messaging or other digital communication are covered. 

We are a few years post-Covid-19; what does this mean for remote work? The Code makes clear that harassment is not limited to the physical workspace. The Department of Employment and Labour states it applies to any situation related to work and includes remote work, digital communication, employer-provided accommodation, business trips, and more. 

What does the law say? And why does workplace bullying matter?

According to a legal analysis by academic and labour-law expert Karin Calitz, despite the high prevalence of bullying, South African legislation still offers inadequate protection. The term “bullying” is not explicitly defined in statutes, and most cases have relied on harassment provisions under the Employment Equity Act 55 of 1998 (EEA).

Calitz argued in a journal that for effective recourse, the EEA should be amended to explicitly define “bullying,” and complementary amendments should be made to the Labour Relations Act 66 of 1995 and occupational-health laws so that employers can be held liable when they fail to act.

From an HR perspective, compliance with the new Code requires more than goodwill. Employers must proactively assess harassment risks, adopt and communicate clear anti-harassment policies, embed grievance procedures, and invest in training and ongoing awareness. 

For victims, bullying and harassment (especially when persistent or via digital means) can lead to serious psychological distress, lowered self-esteem, reduced productivity, increased absenteeism, and high staff turnover, said Gender Links.

For organisations, bullying undermines morale, erodes trust, and leads to instability. The emergence of cyber-bullying and remote-work harassment makes it harder to detect and prove, which can increase the risk that toxic behaviour goes unreported or unnoticed until crisis. 

What should be done?

Employers must review and update their HR and harassment policies to align with the 2022 Code — making clear that all forms of harassment, including digital, are prohibited.

Organisations should implement regular training on respectful workplace behaviour, harassment awareness and digital-communication etiquette.

Employees, especially those who suspect they are being targeted, should document incidents (dates, times, messages), and make use of grievance procedures or external mediation if internal processes fail.

Workplace bullying is no longer just grievances over the water cooler and snide remarks. With remote and hybrid work now widespread, toxic behaviour can persist through apps, emails and chats. 

What the numbers show

A representative study by Directory of Open Access Journals found that 31.1% of employees reported having experienced workplace bullying in South Africa. An older survey by worktrauma.org suggested up to 77.8% of workers had experienced some form of victimisation during their careers, however, it's worth noting that that figure is considered overbroad and conflates conflict with genuine bullying.

In 2021, a survey by the University of the Free State found that about 30% of employees in South Africa felt subjected to bullying.

According to statistics from cea.org.za, these numbers align with trends globally: psychological harassment, insults, intimidation, and social exclusion make up the overwhelming share of workplace harassment and now increasingly includes digital forms like cyberbullying, emails, or chat messages. 

IOL