Conflict in the workplace, whether between employers and employees or between employees themselves, is often caused or triggered by acts of physical or emotional harassment.
Well-known examples observed in workplaces include threats of violence or harm, gender-based intimidation, bullying and a long list of other conflict events that do not belong in the working environment.
To combat these events, and to provide for internal processes to remedy and manage such workplace conflict, the government has now promulgated the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.
This 30-page code is applicable to practically speaking all employers and employees, and defines workplace harassment, policies that must be put in place by the employer, processes that must be followed in the event of complaints and conflict events, penalties for non-compliance and other related issues arising from workplace harassment.
Interestingly, the code extends to protection for “clients and customers” of a business, and also applies to trade union representatives.
The code seeks to define what “workplace harassment” is, and makes it clear enough that it involves acts impairing the dignity of employees, acts creating a hostile and intimidating workplace, and it then lists a number of examples, clearly drawing a distinction between physical, verbal and psychological conduct.
It is to be welcomed that the code also specifically deals with sexual and racial harassment.
Employers should now design and implement a workplace harassment policy (clause 9 of the code), including very specific provisions on procedures to be followed.
Employers are required to, as far as reasonably possible, appoint an internal person who can assist a complainant (especially in sexual harassment complaints) with counselling.
Workplace disciplinary codes will require to be updated with specific provisions explaining the offences and disciplinary consequences of such harassment, including warnings and dismissal.
Workplace harassment is often ignored by South African employers, or dealt with in a reactive case-by-case manner, when it is often too late to constructively deal with the conflict.
Workplace conflict, as we have seen, causes a wide range of personal and commercial prejudices, such as loss of productivity, high staff turnover, costly external disputes, low morale, distrust and other symptoms that make for an unpleasant or hostile workplace.
This code will encourage all involved parties to effectively start dealing with this challenge to eliminate or reduce harassment from the workplace, to educate all involved in this very prevalent form of workplace conflict, and if nothing else, at least to provide victims of workplace harassment with effective internal and external remedies against such conduct.
You can contact Andre Vlok at andre@conflictresolutioncentre.co.za for questions and comments.
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