THE IMPACT OF WORKPLACE HARASSMENT ON STAFF WELLNESS

Workplace harassment is a critical issue in South Africa, with far-reaching effects on employee wellness and business/workplace health. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (the Code), which came into effect in March 2022, provides a robust framework for addressing this pervasive problem. By expanding the definition of harassment and setting out clear obligations for employers, the Code aims to foster safer, more respectful workplaces across the country.

Understanding Harassment under the Code

The Code adopts a broad and inclusive definition of harassment, moving beyond the traditional focus on sexual harassment to encompass a wide range of behaviours. These include:

• Physical, verbal, and psychological abuse

• Bullying and cyberbullying

• Gender-based violence

• Discrimination based on race, sex, sexual orientation, disability, religion, or other protected characteristics.

This comprehensive approach recognises that harassment can manifest in many forms and that all employees deserve protection from such conduct.

Psychological and Emotional Impact

Victims of workplace harassment often experience severe psychological distress. The Code acknowledges that harassment can lead to chronic stress, anxiety, depression, and diminished self-esteem. These emotional consequences not only harm individuals but also disrupt team cohesion and morale, undermining the overall stability of the workplace.

Physical Health Consequences

The mind-body connection means that persistent harassment can have tangible effects on physical health. Employees may suffer from sleep disorders, headaches, weakened immune systems, and digestive issues-all of which contribute to increased absenteeism and reduced productivity. The Code emphasises the employer’s responsibility to mitigate these risks through proactive policies and support mechanisms.

Reduced Job Satisfaction and Engagement

Harassment erodes the psychological contract between employer and employee. The resulting decrease in job satisfaction, engagement, and loyalty often leads to higher turnover rates. The Code requires employers to create environments where employees feel valued, respected, and safe, thereby improving retention and workplace performance.

Deterioration of Workplace Culture

Unchecked harassment fosters a toxic work environment, characterised by fear, mistrust, and poor collaboration. The Code mandates a zero-tolerance stance, encouraging employers to take decisive action against harassment and to promote a culture of respect and inclusion.

Financial Implications

The financial costs of workplace harassment are substantial. These include increased healthcare expenses, legal fees, and the loss of skilled staff. The Code highlights that preventing harassment is not just an ethical obligation but a strategic imperative for business sustainability.

The Code’s Requirements for Employers

The Code sets out detailed obligations for employers, including:

• Risk Assessment: Employers must identify and assess the risk of harassment in the workplace, considering both historical and current risks.

• Comprehensive Policy: Businesses are required to develop or update harassment policies that clearly state a zero-tolerance approach, outline reporting procedures, and guarantee protection against victimisation.

• Reporting and Grievance Procedures: The Code prescribes both informal and formal processes for handling complaints, ensuring confidentiality and support for victims. If internal processes fail, employees may escalate matters to the CCMA or Labour Court.

• Training and Awareness: Employers must provide ongoing training and ensure that all staff and external parties are aware of the business’s stance on harassment.

• Support and Counselling: Victims and perpetrators should have access to counselling, treatment, and support services.

• Disciplinary Action: Clear disciplinary procedures must be in place, up to and including dismissal for serious offences.

Legal Remedies and Compliance

Employees who experience harassment have access to multiple remedies:

• Internal grievance and disciplinary processes

• Referral to the Commission for Conciliation, Mediation and Arbitration (CCMA) or Labour Court for unresolved cases

• Compensation, reinstatement, or policy changes ordered by the courts.

Compliance with the Code is crucial, as non-compliance can result in legal consequences and jeopardise a business's ability to secure government contracts.

The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace marks a significant step forward for South African workplaces. By recognising the profound impact of harassment on staff wellness and business outcomes, and by setting out clear obligations and remedies, the Code empowers employers and employees alike to create safer, more inclusive environments. Addressing workplace harassment is not only a legal and ethical duty-it is essential for the sustained health, productivity, and reputation of any business in South Africa.