On 18 March 2022, Minister Thembelani Nxesi published the amended Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace in the Government Gazette Nr. 46056. In the past, workplace harassment was usually framed around sexual harassment and the Employment Equity Act guided employers largely in terms of sexual harassment in working environments. However, the South African government has taken a bold step forward in recognising the wider scope of harassment and implementing legislation to combat the broader problem, since harassment can take many forms.

This new Code identifies different types of harassment in the workplace and how to deal with them. While aiming to promote a workplace environment where employees feel safe and protected, it has also significantly changed employer roles and responsibilities.

Scope of harassment:

Employers are expected to be aware of incidents on the grounds any of the following:

• Race, gender, sex, pregnancy, marital status, family responsibility, ethnic/social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and/or birth.

The Code is designed to protect all employees, especially the following vulnerable groups:

• Women, people from specific ethnic groups, disabled people, people from specific religious groups, LGBTQIA+ groups, and people living with HIV, amongst others.

Types of harassment:

More obvious behaviours for employers to be aware of:

• Intolerance – Prejudice against anyone for any of the above reasons.
• Gossip – Idle talk or rumour mongering.
• Slander – Making false or damaging statements about anyone.
• Condescension – Contempt for anyone, which can include both covert and overt behaviours.
• Vindictiveness – Jokes, gags, or pranks directed at anyone.
• Humiliation – Shaming or diminishing anyone, injuring dignity or pride.
• Sabotage – Withholding important work-related information or interfering with anyone’s work.
• Exclusion – Ostracizing or boycotting anyone, excluding anyone from normal day-to-day activities.
• Threats – Intimidation of any kind, from physical injury to false accusations.
• Spying – Surveillance of anyone without their knowledge.
• Demotion – Punitive change of designation or position without objective cause.
• Sanctions – Punitive disciplinary or administrative measures without objective cause. Abuse of hearings and warnings issued.
• Pressure – Forcing an anyone to participate in illegal or unreasonable activities, interference with legal rights. Pressuring an employee to resign.

Some symptoms of harassment employers should be on the lookout for:

(Behavioural red flags):

• Poor Performance – Staff appear to be experiencing difficulties to focusing on their duties.
• High Absenteeism – Staff appear to be increasingly reluctant to come to work.
• Low Morale – Staff appear to be generally unhappy or motivated purely by income they cannot afford to lose.
• More Grievances – Staff appear to bring more complaints to bear in general, not just sexual harassment.
• Code of Silence – Staff appear to be more reluctant to share information or identify perpetrators.
• Environment of Fear – Staff appear to avoid each other or particular people who may perpetrators.
• Erratic Behaviour – Staff appear to suddenly undergo psychological change, acting differently from their usual selves.
• More Resignations – Staff turnover increases overall, in both the short and long term.

Employers are under obligation in terms of Section 60 of the EEA to take proactive and remedial steps to prevent harassment in the workplace. Employers can adopt harassment policies which the contents thereof should be communicated effectively to all employees. Harassment policy should include procedures and practices related to harassment and appropriate procedures to deal with harassment to prevent its recurrence.

Workplace harassment is a critical issue, that all employers need to take more seriously. For expert advice and assistance with identifying critical risks and ensuring compliance in your specific workplace and industry, contact our iR Worx expert at dimitris@irworx.co.za. “It is certainly cheaper and less damaging to prevent a crisis from happening than to mop up afterwards.