“Do you anticipate the workday with dread? Do you steal
through the workplace on a state of high alert, in
anticipation of the next attack?”
If you have answered yes;
Then you are what we call a target!

Workplace Bullying is:

An everyday occurrence, involving a power differential between the perpetrator and the target, with
the intent of a certain result, by the perpetrator.

Bluntly: it is purposeful humiliation that contributes to illness (anxiety, depression, high blood
pressure), poor job satisfaction, increased absenteeism, a propensity to leave the employer, to declare
a dispute for constructive dismissal and employees’ inability to function effectively in the workplace.

A good example of workplace bullying is (Harding v Petzetakis (Pty) Ltd) praising an employee to the extent that the
employee feels indispensable. Robbing him 42 days’ accumulated leave because he feels he cannot possibly leave
the workplace (after all he’s indispensable), then fragmenting his leave, overburdening him with work but only
giving him the same salary increase as everyone else.

Everyday occurrence;

Power Differential;

Repetition;

Intent.

What we know about workplace bullying is:

If workplace bullying is not sufficiently addressed you have what we call working wounded. And, a destabilized
institution.

It costs companies millions every year and could expose employers to reputational risk and litigation.

The possibility of employers being held liable for damages in terms of the doctrine of vicarious liability or a
failure to provide a safe and secure environment is real.

What we don’t know about workplace bullying:

it is still not clear whether workplace bullying should be regarded as a form of harassment in South Africa so it is
yet to form part of discrimination law, unless the bullying forms hate speech or racist or sexist slurs.

EXAMPLES:

Making life difficult, punishing others for being too competent, silent treatment, giving little to no feedback on
performance, social isolation, constant criticism, preventing an individual from expressing oneself, taking the credit,
undervaluing one’s skills and assigning menial tasks to an over skilled employee.

Continuously shouting at staff, threats of job loss, public ridicule, withholding of information and an insistence that
you (the bully) are always right.

This can be covert or overt and can be aggressive intimidation in a verbal or non verbal way.

Workplace Bullying is a consistent sequence of antagonistic actions towards the target – I call it Petty Tyranny.

In Weeks / Everything Everywhere Ltd, a UK Tribunal upheld a dismissal as fair and found that in social media cases you do not need to show
actual harm but potential for harm.

The Facts:

Mr Weeks did not like Ms Lynn.

He wrote about his dislike for her on his Facebook page.

Upon reading his dislike, Ms Lyn complained to Mr Weeks manager about the posts. Mr Weeks was instructed to take the posts down.
However, once he knew of the complaint, he stepped up his rant and threatened Ms Lynn and his employer, in the following way:

“It saddens me that people request to be your friend and then stab ya in the back – I’m a big believer in karma, what goes around comes
around.. . I aint changing what I say on my Facebook page so eat cake bitch!”

And,

“Well been a long day – 12 hours in Dantes … Still reeling from the knife in the back… If you perceive my light and jovial manner as a sign of
weakness you may get a very unpleasant surprise. If you come to hurt me I’m f**n ready for yal! No more words from me, next its action.”

Mr Weeks ‘flatly refused’ to desist from taking the posts off of his Facebook page. He was warned by HR that he is infringing the company’s
social media policy.

The Finding:

Ms Lynn was the target of cyber- bullying. Mr Weeks dismissal was upheld

With social media the face of traditional bullying has changed. I find that harassment now increasingly
occurs via electronic media. Employers take note that most of these messages can be retrieved outside the
workplace and so the negative consequences of virtual workplace harassment can be widespread and go
viral.

Bullying is more prevalent in larger organisations, where it takes a long time to reach decisions, which in turn
reduces the risk that the bully will be caught, punished or condemned from a social point of view.

Section 6 of EEA It requires the employer not to discriminate unfairly against an employee in any employment practice or policy on any
of the listed grounds or an any arbitrary ground. This is where workplace bullying may finally fit it, albeit it has not been tested
sufficiently yet.

Let’s talk about forms of harassment:

A female employee is dismissed because she is pregnant. (discrimination)

Co-employees make derogatory remarks about the fact that coloureds drink too much. (harassment, Intimidation and workplace
bullying)

A male supervisor tells a female subordinate that her job prospects will improve if she has sex with him. (workplace bullying,
sexual harassment, victimization, intimidation)

A male supervisor continuously yells at two female employees. The one is black and the other is white. (work place bullying)

A female employee is not paid the same as her male colleague, they perform the same work and have similar experience.
(discrimination, equity based dispute, pay parity)

An employee who is a single mother is disciplined for not immediately telling her boss that she is not coming to work due her child
being hospitalised. (Workplace bullying, discrimination and victimization)

A male colleague asks a female colleague for one of her peppermints, instead of offering him a sweet, she kisses him smack on the
lips and says there’s your peppermint. (Any guesses as to what this is? Workplace bullying, perhaps)