The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace

The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace

On the 18th of March 2022, three days before the Human Rights Day commemoration, the Minister of Employment and Labour Thulas Nxesi, published the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace. The code aligns with the South African constitution, which protects the right to dignity, equality and fair labour practices in terms of the Bill of rights. The code is guided by the International Labour Organisations Violence and Harassment Convention, 2019 (No. 190) that recalls “the Declaration of Philadelphia that affirms that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity. It further recognises every worker’s right to a world of work free from violence and harassment, including gender-based violence and harassment.

The code intends to address the prevention, elimination, and management of harassment, such as sexual harassment; gender-based violence and harassment; bullying; and racial, ethnic or social origin harassment. The harassment behaviours may be physical, psychological, emotional or sexual. The expansion of harassment to include workplace bullying, which has always been a grey area in the South African context, is commendable. We now have a clear reference point for dealing with bullying complaints. The code acknowledges the intersection of harassment with different social identities such as race, gender, ethnicity, and more. Notably, the code seeks to hold employers accountable for ensuring a safe, dignified and harmonious working environment.

Other countries have been a step ahead, with harassment and workplace bullying as two separate laws, while others also include workplace bullying as a form of harassment. There is a recognition that “violence and harassment in the world of work can constitute a human rights violation or abuse, and that violence and harassment is a threat to equal opportunities, is unacceptable and incompatible with decent work”. Globally, it has been proven that laws alone do not mean that the forms of harassment will end, but it serves as a guideline for both employers and employees. Research shows that globally employees who report harassment are more likely to be silenced by the rest of the organisational members who hold the majority and power in organisations.

How can we ensure that this code achieves what it is intended to do in South Africa?

It is upon organisations to:

·????????have a Harassment Policy that incorporates all aspects outlined in the code of good practice, including an efficient and seamless procedure to deal with all harassment complaints.?

·????????educate and socialise all human resources representatives, unions, leaders and employees about the policy to ensure that all understands it and knows where to go for support

·????????Include the code in the onboarding of new staff member

·????????address the toxic culture, as a policy alone is not enough

·????????Monitor and evaluate the policy implementation

It is upon employees to:

·????????Let the perpetrator know that the behaviour is unwelcomed

·????????Report the misconduct

·????????Always reduce in writing, via-email resolutions made during one on one meetings

·????????Document the behaviour, date, time, witnesses and more

·????????Seek medical/professional attention

It is upon observers to:

·????????Be empowered through training and protected to report cases of harassment

·????????To speak up about harassment

Different harassment behaviours determine the impact on targets. These can vary from career progression, the target’s health (physically, emotionally and psychologically), work performance, job satisfaction, financial status and others. Importantly, those who observe are also impacted, including the organisation's productivity and sustainability. Harassment free workplace is not only about compliance with the legislation, but it has immense benefits to both the employees and the employer:

·????????It gives employees dignity in the workplace.

·????????Improved health benefits and fewer medical expenses.

·????????Less absenteeism as the environment fosters inclusion and high performance.

·????????High employee engagement as the policy addresses non-adherence to the policy.

·????????Cost savings (production, litigation, and more)

Therefore, the organisations' interventions must focus not only on preventing but also on dealing with post harassment cases, putting in place forms of rehabilitation for targets and even observers and further reviewing organisational processes and procedures.?

The code is welcomed; we cannot continue to watch people resigning due to intolerable working conditions such as sexual harassment and workplace bullying, which have exacerbated the high mental illness cases.?

Brightness Mangolothi (CPRP) is the former Nelson Mandela University NEHAWU Chairperson, workplace bullying researcher, activist and creator of the Workplace Bullying in South Africa, Facebook page and Boniwe Dunster is an Independent Human Resources Consultant, Career Coach and Founder of Blue Eagle Human Capital Practice.