Workplace Harassment and Bullying: Your Rights

Maybe it is a manager who shouts and belittles you in front of others, a colleague who makes sexual comments, or messages that make you dread opening your phone. Many people stay quiet because they fear losing their job. You deserve to feel safe at work, and the law is on your side.

If you are in danger right now, call SAPS on 10111, or 112 from a mobile.

What is happening

In South Africa, harassment at work is treated as a form of unfair discrimination under the Employment Equity Act 55 of 1998. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, published in 2022, explains what counts. It includes sexual harassment, racial, ethnic or gender-based harassment, bullying, intimidation and online harassment, and can come from managers, colleagues, clients or suppliers.

Harassment is unwanted conduct that impairs your dignity or creates a hostile or intimidating environment. It can be a single serious incident or a pattern of smaller ones. Firm management, fair criticism of work and reasonable instructions are not harassment in themselves.

Employers have a duty to prevent harassment. They should have a policy, a clear way to report, and should take steps when they know about it. An employer that does not act may be held responsible.

You have several routes, and you can use more than one:

• Internal: raise a grievance or a harassment complaint under your employer's policy.
• CCMA: refer an unfair discrimination dispute, including harassment, usually within six months of the conduct.
• Protection order: under the Protection from Harassment Act 17 of 2011, you can apply at the magistrate's court for an order stopping a person, including a co-worker, from harassing you.
• Criminal case: assault, sexual assault, threats or stalking can be reported to SAPS.

Signs to notice

• You feel sick or anxious before going to work because of one person.
• You are regularly insulted, mocked, shouted at or excluded.
• You receive unwanted touching, sexual comments, jokes or messages.
• You are threatened with losing your job if you complain or refuse advances.
• Your work is sabotaged, or you are given impossible tasks to set you up.
• Your sleep, health or home life is suffering because of work.

30-second self-check

Answer yes or no to each question.

• Has the behaviour happened more than once?
• Does it involve sexual comments, touching or requests?
• Is the person in a position of power over you?
• Have you felt afraid for your safety?
• Has the behaviour carried on after you or others objected?
• Has it affected your health, sleep or performance?
• Is your employer ignoring it, or do you have no one to report to?

0-1 yes: Keep a record, and consider speaking to the person or your manager if it feels safe.
2-3 yes: This is serious. Report it formally and get support now.
4 or more yes: Get advice this week about a grievance, CCMA referral or protection order. Your safety comes first.

What you can do next

• Today: Start a private diary: dates, times, what was said or done, who saw it. Save messages and emails somewhere your employer cannot delete them.
• This week: Read your employer's harassment policy and lodge a written complaint or grievance. Ask for confirmation of receipt.
• This month: If nothing is done, get advice about a CCMA referral or a protection order. Watch the six-month window.
• Tell someone you trust. Harassment thrives on isolation.
• If the harassment was sexual or physical, you can report it to SAPS. The GBV Command Centre on 0800 428 428 offers support and guidance.
• Look after your mental health. This is common, and it helps to talk.

Your tool

Employment Dispute Check - helps you sort out what kind of problem you are facing, which routes are open and which time limits apply.

When to get professional help

Get help if you feel unsafe, if the harassment is sexual or physical, if your employer is not acting, or if you are thinking of resigning because of it. Resigning can affect your options, so get advice first.
Who can help: a labour attorney, your trade union, Legal Aid South Africa, the CCMA, a psychologist or counsellor

Getting help in South Africa

• CCMA (ccma.org.za): hears harassment and unfair discrimination disputes without charge.
• Magistrate's court: apply for a protection order under the Protection from Harassment Act. The clerk of the court can help you fill in the forms.
• SAPS: report threats, assault or sexual offences on 10111 or at your nearest station.
• GBV Command Centre 0800 428 428: support for gender-based violence, including sexual harassment.
• Cleared Mind 24-hour Careline 0800 212 146: confidential counselling support.