Navigating bullying in the workplace – Employment guide

Bites Editor

6 months ago

Bullying at work is not “just a personality clash”. It can damage health, performance, and trust. It can also create legal risk for employers if they ignore complaints or handle them badly. A practical process helps you stop harm early, protect dignity, and keep decisions defensible.

Key takeaways

Act fast when bullying is alleged, even if the facts are unclear.
Separate “performance management” from “personal attacks” and humiliation.
Use a fair process: intake, interim protection, investigation, and outcome.
Keep evidence and records from day one.
Train managers, because most bullying risk starts with line leadership.

What bullying looks like at work

Bullying usually involves repeated behaviour that intimidates, humiliates, undermines, or threatens someone. It often shows up as a pattern. However, a single severe incident can also justify urgent action.

Common examples

Public humiliation, shouting, insults, or mocking.
Threats about job security used to control behaviour.
Unfair targeting, constant nit-picking, or impossible deadlines.
Excluding someone from information, meetings, or key work inputs.
Spreading rumours or damaging someone’s reputation.
Abusing power through work allocation, leave refusals, or punishment.
Online harassment, hostile emails, or group chat pile-ons.

Bullying vs strong management

Fair performance management is not bullying. The difference is usually “how” and “why”. A manager can set standards, give feedback, and discipline misconduct. However, they must do it consistently, respectfully, and with evidence.

If feedback becomes personal attacks, humiliation, or ongoing intimidation, it can cross the line.

Why bullying becomes a legal problem in South Africa

South African law does not always use the word “bullying”. Instead, bullying often fits into recognised legal categories. These include harassment, unfair discrimination, unfair labour practices, and constructive dismissal.

Harassment and unfair discrimination

Harassment can amount to unfair discrimination when it links to a prohibited ground. It can also be unfair on an “arbitrary ground”. This matters because it can trigger significant remedies and reputational harm.

The Code of Good Practice on harassment expects employers to take active steps to prevent and address harassment. It also recognises online harassment and cyber-bullying risks.

Constructive dismissal risk

If bullying makes continued employment intolerable, an employee may resign and claim constructive dismissal. These cases are fact-specific. However, courts have treated persistent bullying as conduct that can render employment intolerable.

Health and safety duties

Employers must provide and maintain a working environment that is safe and without risk to health, where reasonably practicable. Bullying can create psychosocial risk. It can also cause stress-related harm and absence.

Key legal cases and guidance to know

Centre for Autism Research and Education CC (constructive dismissal linked to bullying)

In a well-known Labour Court matter, the court upheld findings that persistent bullying created intolerable conditions. The case is frequently cited to show that bullying can support a constructive dismissal claim when an employer fails to correct it.

The harassment Code of Good Practice (prevention and response expectations)

The Code sets expectations for policies, reporting routes, investigations, confidentiality, protection against victimisation, and corrective action. It also addresses online harassment and cyber-bullying realities.

A practical workplace process for bullying complaints

A reliable process lowers harm and lowers legal risk. It also protects the accused from unfair assumptions.

Step 1: Receive the complaint properly

Thank the employee and confirm you will act promptly.
Capture dates, places, witnesses, and example incidents.
Ask what outcome the employee wants, without promising it.
Check for immediate safety risk or mental health risk.

Step 2: Put interim protections in place

Interim steps are not findings. They are risk controls.

Separate reporting lines, if needed.
Adjust schedules or seating, where practical.
Limit direct contact while investigating.
Remind both parties about non-retaliation.

Step 3: Decide the route

Choose the route that fits the facts and severity.

Informal resolution can work for early, low-level concerns.
Formal investigation is best for repeated, serious, or power-based conduct.
Misconduct discipline may follow if evidence supports wrongdoing.

Step 4: Investigate fairly

A fair investigation is structured and consistent.

Define allegations in writing, using specific examples.
Collect documents, messages, CCTV, or access logs where relevant.
Interview witnesses separately and record statements.
Give the accused a real chance to respond.
Test credibility against evidence, not popularity.

Step 5: Make a finding and act

Possible outcomes include:

No breach found, but relationship repair steps are still needed.
Coaching, training, mediation, or monitored management practices.
A warning or final warning where misconduct is proven.
Dismissal in severe cases, after due process.

Always communicate outcomes carefully. Share what is appropriate, while protecting confidentiality.

What employers should do

1) Put a clear policy in place

Define bullying and harassment with real examples.
Explain reporting routes, including an alternative to line management.
Promise protection against victimisation and retaliation.
Explain investigation steps and timeframes.

2) Train managers and supervisors

Train people on tone, fairness, and documentation. Also train them on power dynamics. Most bullying claims involve a manager, a senior, or a team “leader”.

3) Build evidence discipline

Keep notes of incidents, meetings, and outcomes.
Preserve digital evidence early, before it disappears.
Use consistent templates for statements and interview notes.

4) Treat victimisation as a serious offence

If someone reports bullying, and you punish them for it, risk escalates fast. This includes subtle punishment like reduced shifts, exclusion, or hostile treatment.

5) Fix the system, not only the person

Bullying grows in unclear systems. Tighten role clarity, workload planning, escalation routes, and performance management training. These reduce repeat incidents.

What employees should know

1) Document the pattern early

Write down dates, incidents, witnesses, and impact.
Save emails, messages, and work instructions.
Keep records factual and calm.

2) Use internal channels first, where possible

Internal processes often resolve issues faster. They also build a record. If you later escalate, documentation matters.

3) Ask for interim protection

You can ask for a different reporting line or separation during the investigation. You can also ask for support through EAP or a suitable workplace support route.

4) Be careful with public posts

Public accusations can create defamation risk and worsen conflict. It can also harm your case if it breaches policy. Get advice before posting.

5) Understand escalation routes

Depending on the facts, bullying may link to harassment or unfair discrimination. It may also support a constructive dismissal claim if conditions become intolerable and the employer fails to act.

Tax and regulatory considerations

Confidentiality and POPIA-style discipline

Bullying investigations involve sensitive personal information. Limit access to those who need it. Store records securely. Share outcomes on a need-to-know basis.

Health and safety compliance

If bullying creates health risk, treat it as a workplace hazard. Use risk controls, reporting lines, and training. Keep records that show reasonable steps.

COIDA and medical impacts

If bullying leads to injury or illness linked to work, the employer may need to consider injury-on-duty processes. Get specialist advice for complex medical claims.

FAQ: Bullying in the workplace

Is bullying the same as harassment?

They overlap often. Bullying is a behaviour pattern. Harassment is a legal framing. If bullying fits harassment, the harassment Code becomes relevant.

Can we discipline a bully without a full investigation?

Not safely. You need a fair process and evidence. However, you can apply interim protections while investigating.

What if two employees accuse each other?

Treat it as a risk and a process issue. Investigate both directions. Also check team culture, workload, and leadership behaviour.

What if the bully is a top performer or senior leader?

Do not ignore it. Seniority increases risk because of power dynamics. Use an independent investigator if needed, and protect witnesses.

When does bullying become constructive dismissal?

It can happen when the employer’s conduct, or failure to act, makes work intolerable. These cases depend on evidence, timelines, and corrective steps taken.