Workplace bullying doesn’t just harm individuals – it damages morale, productivity, and workplace culture, yet many employees suffer in silence, unsure whether the persistent criticism, humiliation, or exclusion they’re experiencing is actually unlawful or what they can do about it.
The 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace explicitly recognises workplace bullying as a form of harassment under the Employment Equity Act, requiring employers to adopt zero-tolerance policies, conduct risk assessments, and take proactive steps to prevent and address bullying behaviour.
Whether you’re being undermined by your manager, excluded by colleagues, or subjected to persistent verbal abuse, understanding your rights under South African labour law, documenting incidents carefully, using internal grievance procedures, and knowing when to escalate to the CCMA or Labour Court can help you take action and protect your dignity at work.
This guide explains what constitutes workplace bullying, what legal protections exist, and the practical steps you can take to address the problem.
This article provides general information only and should not be considered legal advice.
Key takeaways
- Workplace bullying includes repeated, unreasonable behaviour that undermines, humiliates, intimidates, or creates a hostile work environment for an employee.
- The 2022 Code of Good Practice on Harassment explicitly recognises bullying as harassment under the Employment Equity Act, requiring employers to prevent and address it.
- Victims should document all incidents with dates, times, witnesses, and details, report internally through HR or grievance procedures, and may escalate to the CCMA or Labour Court if unresolved.
- Employers must create safe, respectful working environments through anti-bullying policies, training, risk assessments, and prompt, fair responses to complaints under Section 60 of the EEA.
- Bullying differs from reasonable performance management—feedback and discipline conducted professionally are lawful; personal attacks, humiliation, and targeting unrelated to genuine performance issues are not.
What is workplace bullying
Workplace bullying is repeated, unwelcome behaviour that offends, humiliates, intimidates, or undermines a worker, creating a hostile or abusive work environment.
The 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace defines harassment broadly to include behaviours that slander, malign, and humiliate employees; spread rumours maliciously; withhold work-related information or provide incorrect information; sabotage or impede work performance; boycott or exclude employees from work-related activities; and include passive-aggressive or covert harassment, mobbing, and online harassment.
Bullying can come from managers, peers, or even subordinates, though it often involves a power imbalance where one party has authority or influence over another. It’s not limited to physical aggression—psychological harm through verbal abuse, manipulation, or exclusion is equally serious and damaging.
Common examples of workplace bullying
Verbal abuse, insults, or shouting at employees in front of others or privately. Persistent unwarranted criticism, blame, or finding fault with work that meets standards. Spreading rumours, malicious gossip, or making false statements about an employee’s competence or character.
Exclusion from meetings, conversations, team activities, or information-sharing that’s necessary for the employee to do their job. Undermining someone’s work by deliberately setting them up to fail, removing responsibilities without justification, or sabotaging projects.
Threats about job security without cause, such as repeatedly suggesting someone will be dismissed or their contract won’t be renewed. Excessive micromanagement, surveillance, or scrutiny not applied to other employees in similar roles. Assigning impossible tasks with unrealistic deadlines designed to ensure failure.
The Code clarifies that harassment can occur through a single incident if sufficiently serious, but bullying typically involves repeated conduct over time. The test is whether the behaviour is unwanted, whether a reasonable person would consider it offensive or humiliating, and whether it creates a hostile work environment.
What does the law say
Whilst South African law does not have a standalone statute specifically addressing workplace bullying, comprehensive protection exists under several pieces of legislation working together.
The Employment Equity Act and 2022 Code
Section 6(3) of the Employment Equity Act 55 of 1998 prohibits harassment of employees, stating that harassment is a form of unfair discrimination and is prohibited on any of the grounds listed in Section 6(1), including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, and family responsibility – or any other arbitrary ground.
The 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, which came into effect on 18 March 2022, explicitly includes workplace bullying as a form of harassment. The Code provides detailed guidance to employers and employees on prevention, elimination, and management of all forms of harassment, and sets out employer obligations to implement policies, conduct training, assess risks, and respond promptly to complaints.
Section 60 of the EEA makes employers vicariously liable for harassment by employees or third parties in the workplace unless the employer can prove it took reasonable steps to prevent the harassment. This creates a strong incentive for employers to act proactively.
The Labour Relations Act
The LRA provides protection against unfair labour practices and constructive dismissal. If workplace bullying makes your working environment intolerable and your employer fails to address it despite complaints, you may resign and claim constructive dismissal under Section 186(1)(e), treating the resignation as an unfair dismissal.
Occupational Health and Safety Act
Section 8 of the Occupational Health and Safety Act 85 of 1993 requires employers to provide and maintain a working environment that is safe and without risk to the health of employees. Courts have recognised that psychological safety is part of this duty, meaning employers must protect employees from bullying and harassment that damages mental health.
Constitutional protections
Section 10 of the Constitution protects everyone’s inherent dignity, and Section 9 prohibits unfair discrimination. Workplace bullying that violates these constitutional rights may also be challenged through the South African Human Rights Commission or Constitutional Court in egregious cases.
What can I do if I’m being bullied
Recognise the behaviour
The first step is understanding what bullying looks like and acknowledging that what you’re experiencing is not acceptable workplace behaviour. Reflect on whether the conduct is repeated or sufficiently serious, targeted at you specifically or part of a pattern, causing you psychological or emotional harm, and creating a hostile or intimidating work environment.
Trust your instincts. If behaviour makes you feel humiliated, anxious, or undermines your confidence and ability to work effectively, it’s worth documenting and reporting even if you’re unsure whether it legally qualifies as harassment.
Document everything
Detailed documentation is crucial for any complaint or legal action. Keep a written record of all incidents including dates, times, and locations of each incident; exactly what was said or done, using the perpetrator’s actual words where possible; who was involved – the perpetrator, witnesses, and anyone else present; the impact on you – how the incident made you feel, whether it affected your work, sleep, or health; and any actions you took, such as objecting, reporting to a supervisor, or seeking support.
Save emails, text messages, meeting notes, or any other documentary evidence. If your employer has an incident reporting system, use it and keep copies of your reports. This evidence will be essential if you escalate the matter internally or externally.
Use internal channels
The Code expects victims to use internal procedures before escalating externally. If you feel safe and comfortable, consider speaking directly to the person responsible. Sometimes people don’t realise the impact of their actions, and a clear, calm conversation can resolve minor issues. However, if the behaviour is serious, persistent, or comes from someone with significant power over you, skip this step.
Report the bullying to HR, your manager (if they’re not the perpetrator), or whoever is designated in your company’s grievance or harassment procedure. Most employers have formal procedures – follow them and keep copies of your written complaints.
Request mediation or conflict resolution where appropriate. For interpersonal conflicts without a significant power imbalance, facilitated mediation can sometimes resolve issues without formal discipline.
The Code requires employers to respond promptly to complaints, investigate thoroughly, protect confidentiality during investigations, provide support and assistance to complainants including counselling or additional sick leave if needed, and take appropriate disciplinary action against perpetrators where the complaint is substantiated.
Seek support
Workplace bullying is isolating and psychologically damaging. Talk to trusted colleagues, trade union representatives, employee assistance programmes (EAPs), therapists or counsellors, or legal advisors. Support networks help you manage stress, validate your experiences, and provide practical advice on next steps.
If bullying is affecting your mental health, see your doctor and obtain medical documentation. This evidence may be important later if you need to take sick leave, claim constructive dismissal, or demonstrate the severity of the harm caused.
Escalate externally if necessary
If internal processes fail—your employer doesn’t respond, conducts a biased investigation, takes no action despite substantiated complaints, or retaliates against you for reporting—you can escalate externally.
Refer the matter to the CCMA (Commission for Conciliation, Mediation and Arbitration) under an unfair labour practice claim relating to the provision of benefits (which includes the right to dignity and a harassment-free workplace) or, if the bullying forces you to resign, as a constructive dismissal claim. CCMA services are free to employees.
Lodge a complaint with the Labour Court if the harassment involves discrimination on prohibited grounds under the EEA. The Labour Court has concurrent jurisdiction with the CCMA for discrimination and harassment claims.
Submit a complaint to the South African Human Rights Commission (SAHRC) in cases involving constitutional dignity or equality rights. The SAHRC can investigate and facilitate settlements or refer matters to the Equality Court.
What must employers do
The Code places clear obligations on employers. You must conduct risk assessments to identify areas, roles, or activities where harassment is more likely and implement preventive measures. Develop and adopt a comprehensive anti-bullying and harassment policy in consultation with employees and their representatives, covering all forms of harassment, reporting procedures, investigation processes, disciplinary sanctions, and support for victims.
Communicate the policy widely to all employees, contractors, customers, and third parties who interact with your business. Conduct training and awareness-raising for all staff, with specific training for managers on recognising, preventing, and responding to harassment.
Respond promptly and fairly to complaints by acknowledging complaints immediately, conducting thorough, impartial investigations, protecting confidentiality during investigations, providing interim protective measures where necessary (such as separating the complainant and alleged perpetrator), and taking appropriate disciplinary action if complaints are substantiated.
Provide advice, assistance, and counselling to complainants including access to EAPs, additional sick leave if needed for mental health treatment, and protection from victimisation or retaliation.
Keep detailed records of complaints, investigations, outcomes, and actions taken. This documentation demonstrates compliance with the Code and protects you from vicarious liability under Section 60 of the EEA.
How is bullying different from performance management
This is a critical distinction that causes confusion. Reasonable, fair performance management is not bullying. Managers are entitled – and indeed required – to give constructive feedback, set clear expectations and targets, monitor performance, address underperformance through counselling and warnings, and take disciplinary action where appropriate, provided all of this is based on genuine performance issues and conducted professionally, fairly, and consistently.
Bullying, by contrast, involves personal attacks, humiliation, targeting, or conduct unrelated to genuine performance issues. Examples include criticising someone’s personality or appearance rather than their work, setting impossible targets designed to ensure failure whilst giving achievable targets to others, publicly humiliating employees during meetings, or using performance management as a pretext to push someone out when the real reason is discrimination or personal dislike.
The Code recognises this distinction by stating that harassment includes behaviours such as using pressure to effect an employee’s resignation, demotion without justification, and the use of disciplinary sanctions without objective cause or efforts to problem-solve. However, legitimate performance management that follows fair procedures and is based on objective evidence is lawful.
Who should avoid this and safety notes
For employees
Avoid suffering in silence. Bullying rarely stops on its own and often escalates. Early reporting gives your employer the opportunity to intervene before the situation becomes intolerable.
Do not retaliate or engage in similar behaviour towards the perpetrator. Whilst the frustration is understandable, retaliation weakens your position and may result in counter-complaints against you.
Be cautious about resigning impulsively. If you resign without exhausting internal grievance procedures and without clear evidence that you gave your employer a chance to address the bullying, your constructive dismissal claim may fail. Document thoroughly and complain formally before resigning.
For employers
Avoid dismissing complaints as “personality clashes” or telling employees to “toughen up.” The Code requires you to take all complaints seriously and investigate fairly.
Do not wait for complaints before acting. The Code requires proactive measures including policies, training, and risk assessments. Reactive-only approaches expose you to vicarious liability.
Never victimise or retaliate against employees who report bullying. Section 187(1)(f) of the LRA makes dismissals for asserting rights automatically unfair, and retaliation strengthens the employee’s case.
FAQ: What can I do about workplace bullying in South Africa?
Is workplace bullying illegal in South Africa?
Whilst not a criminal offence, workplace bullying is a form of harassment prohibited under the Employment Equity Act and the 2022 Code of Good Practice on Harassment. Victims can take legal action through the CCMA or Labour Court for unfair labour practices or discrimination claims.
Can I resign and claim constructive dismissal if I’m being bullied?
Yes, if workplace bullying makes your working environment intolerable and your employer fails to act despite complaints. However, you must first exhaust internal grievance procedures and document your complaints. Seek legal advice before resigning to ensure your claim is strong.
What if HR doesn’t help or dismisses my complaint?
You can escalate the matter to the CCMA as an unfair labour practice claim or to the Labour Court if discrimination is involved. Document all steps you took internally, including dates you reported, who you spoke to, and their responses (or lack thereof).
Can I be fired for reporting workplace bullying?
Retaliation for reporting bullying may constitute automatically unfair dismissal under Section 187 of the Labour Relations Act. The law protects whistleblowers and complainants of harassment. If you’re dismissed after reporting, you have strong grounds for an unfair dismissal claim.
Does the 2022 Code apply to remote workers and online harassment?
Yes. The Code explicitly includes virtual working, work-related communications (including emails, messaging apps, and video calls), and online harassment such as cyberbullying within its scope. Protection extends to any situation where an employee is working or which is related to their work.
Sources
- Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022)
- Employment Equity Act 55 of 1998: Sections 6 and 60 on harassment and employer liability
- Labour Relations Act 66 of 1995: Section 186(1)(e) on constructive dismissal and Section 187 on automatically unfair dismissals
- CCMA: Unfair labour practice information and referral procedures
- Bowmans Law: Harassment in the workplace – employers’ obligations under the new Code of Good Practice
