{"id":1392,"date":"2025-06-05T14:55:44","date_gmt":"2025-06-05T12:55:44","guid":{"rendered":"https:\/\/moni.co.za\/?p=1392"},"modified":"2025-06-11T10:37:35","modified_gmt":"2025-06-11T08:37:35","slug":"workplace-bullying-legal-risks-real-damage","status":"publish","type":"post","link":"https:\/\/moni.co.za\/index.php\/2025\/06\/05\/workplace-bullying-legal-risks-real-damage\/","title":{"rendered":"WORKPLACE BULLYING: LEGAL RISKS, REAL DAMAGE."},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; custom_padding=&#8221;||0px|||&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_row _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_text _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;]<\/p>\n<p>\u201cDo you anticipate the workday with dread? Do you steal<br \/>through the workplace on a state of high alert, in<br \/>anticipation of the next attack?\u201d<br \/>If you have answered yes;<br \/>Then you are what we call a target!<\/p>\n<p>Workplace Bullying is:<\/p>\n<p>An everyday occurrence, involving a power differential between the perpetrator and the target, with<br \/>the intent of a certain result, by the perpetrator.<\/p>\n<p>Bluntly: it is purposeful humiliation that contributes to illness (anxiety, depression, high blood<br \/>pressure), poor job satisfaction, increased absenteeism, a propensity to leave the employer, to declare<br \/>a dispute for constructive dismissal and employees\u2019 inability to function effectively in the workplace.<\/p>\n<p>A good example of workplace bullying is (Harding v Petzetakis (Pty) Ltd) praising an employee to the extent that the<br \/>employee feels indispensable. Robbing him 42 days\u2019 accumulated leave because he feels he cannot possibly leave<br \/>the workplace (after all he\u2019s indispensable), then fragmenting his leave, overburdening him with work but only<br \/>giving him the same salary increase as everyone else.<\/p>\n<p>Everyday occurrence;<\/p>\n<p>Power Differential;<\/p>\n<p>Repetition;<\/p>\n<p>Intent.<\/p>\n<p>What we know about workplace bullying is:<\/p>\n<p>If workplace bullying is not sufficiently addressed you have what we call working wounded. And, a destabilized<br \/>institution.<\/p>\n<p>It costs companies millions every year and could expose employers to reputational risk and litigation.<\/p>\n<p>The possibility of employers being held liable for damages in terms of the doctrine of vicarious liability or a<br \/>failure to provide a safe and secure environment is real.<\/p>\n<p>What we don\u2019t know about workplace bullying:<\/p>\n<p>it is still not clear whether workplace bullying should be regarded as a form of harassment in South Africa so it is<br \/>yet to form part of discrimination law, unless the bullying forms hate speech or racist or sexist slurs.<\/p>\n<p>EXAMPLES:<\/p>\n<p>Making life difficult, punishing others for being too competent, silent treatment, giving little to no feedback on<br \/>performance, social isolation, constant criticism, preventing an individual from expressing oneself, taking the credit,<br \/>undervaluing one\u2019s skills and assigning menial tasks to an over skilled employee.<\/p>\n<p>Continuously shouting at staff, threats of job loss, public ridicule, withholding of information and an insistence that<br \/>you (the bully) are always right.<\/p>\n<p>This can be covert or overt and can be aggressive intimidation in a verbal or non verbal way.<\/p>\n<p>Workplace Bullying is a consistent sequence of antagonistic actions towards the target \u2013 I call it Petty Tyranny.<\/p>\n<p>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<br \/>actual harm but potential for harm.<\/p>\n<p>The Facts:<\/p>\n<p>Mr Weeks did not like Ms Lynn.<\/p>\n<p>He wrote about his dislike for her on his Facebook page.<\/p>\n<p>Upon reading his dislike, Ms Lyn complained to Mr Weeks manager about the posts. Mr Weeks was instructed to take the posts down.<br \/>However, once he knew of the complaint, he stepped up his rant and threatened Ms Lynn and his employer, in the following way:<\/p>\n<p>\u201cIt saddens me that people request to be your friend and then stab ya in the back \u2013 I\u2019m a big believer in karma, what goes around comes<br \/>around.. . I aint changing what I say on my Facebook page so eat cake bitch!\u201d<\/p>\n<p>And,<\/p>\n<p>\u201cWell been a long day \u2013 12 hours in Dantes \u2026 Still reeling from the knife in the back\u2026 If you perceive my light and jovial manner as a sign of<br \/>weakness you may get a very unpleasant surprise. If you come to hurt me I\u2019m f**n ready for yal! No more words from me, next its action.\u201d<\/p>\n<p>Mr Weeks \u2018flatly refused\u2019 to desist from taking the posts off of his Facebook page. He was warned by HR that he is infringing the company\u2019s<br \/>social media policy.<\/p>\n<p>The Finding:<\/p>\n<p>Ms Lynn was the target of cyber- bullying. Mr Weeks dismissal was upheld<\/p>\n<p>With social media the face of traditional bullying has changed. I find that harassment now increasingly<br \/>occurs via electronic media. Employers take note that most of these messages can be retrieved outside the<br \/>workplace and so the negative consequences of virtual workplace harassment can be widespread and go<br \/>viral.<\/p>\n<p>Bullying is more prevalent in larger organisations, where it takes a long time to reach decisions, which in turn<br \/>reduces the risk that the bully will be caught, punished or condemned from a social point of view.<\/p>\n<p>Section 6 of EEA It requires the employer not to discriminate unfairly against an employee in any employment practice or policy on any<br \/>of the listed grounds or an any arbitrary ground. This is where workplace bullying may finally fit it, albeit it has not been tested<br \/>sufficiently yet.<\/p>\n<p>Let\u2019s talk about forms of harassment:<\/p>\n<p>A female employee is dismissed because she is pregnant. (discrimination)<\/p>\n<p>Co-employees make derogatory remarks about the fact that coloureds drink too much. (harassment, Intimidation and workplace<br \/>bullying)<\/p>\n<p>A male supervisor tells a female subordinate that her job prospects will improve if she has sex with him. (workplace bullying,<br \/>sexual harassment, victimization, intimidation)<\/p>\n<p>A male supervisor continuously yells at two female employees. The one is black and the other is white. (work place bullying)<\/p>\n<p>A female employee is not paid the same as her male colleague, they perform the same work and have similar experience.<br \/>(discrimination, equity based dispute, pay parity)<\/p>\n<p>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<br \/>being hospitalised. (Workplace bullying, discrimination and victimization)<\/p>\n<p>A male colleague asks a female colleague for one of her peppermints, instead of offering him a sweet, she kisses him smack on the<br \/>lips and says there\u2019s your peppermint. (Any guesses as to what this is? Workplace bullying, perhaps)<\/p>\n<p>[\/et_pb_text][et_pb_video src=&#8221;https:\/\/moni.co.za\/wp-content\/uploads\/2025\/06\/MONI-Blog-4-1.mp4&#8243; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][\/et_pb_video][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; locked=&#8221;off&#8221; global_colors_info=&#8221;{}&#8221; custom_padding=&#8221;||0px|||&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_button button_url=&#8221;https:\/\/moni.co.za\/index.php\/blog-3\/&#8221; button_text=&#8221;Back To Blog&#8221; button_alignment=&#8221;center&#8221; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; custom_button=&#8221;on&#8221; button_text_color=&#8221;#071075&#8243; button_border_width=&#8221;2px&#8221; button_border_radius=&#8221;100px&#8221; button_use_icon=&#8221;off&#8221; global_colors_info=&#8221;{}&#8221;][\/et_pb_button][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cDo you anticipate the workday with dread? Do you stealthrough the workplace on a state of high alert, inanticipation of the next attack?\u201dIf 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, withthe intent of a certain [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-1392","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/posts\/1392","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/comments?post=1392"}],"version-history":[{"count":6,"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/posts\/1392\/revisions"}],"predecessor-version":[{"id":1489,"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/posts\/1392\/revisions\/1489"}],"wp:attachment":[{"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/media?parent=1392"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/categories?post=1392"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/moni.co.za\/index.php\/wp-json\/wp\/v2\/tags?post=1392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}