Bad manager vs workplace bully – what employees in South Africa need to know
There is a distinction between a manager exercising their prerogative and conduct that crosses the line into harassment, raising questions about when harsh or overly critical behaviour becomes a breach of policy.
Employers have the authority to establish workplace rules and performance standards, but the manner in which these standards are enforced can sometimes lead to allegations of harassment.
Sibusiso Dube, a Partner at Bowmans, emphasises the importance of recognising when managerial conduct crosses the line into inappropriate behaviour.
“While it is within a manager’s prerogative to uphold workplace standards, the approach can sometimes come across as harsh or overly critical,” Dube explains.
“It’s crucial for both employers and employees to understand the boundaries of acceptable conduct to prevent any breaches of harassment policies.”
The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace outlines various behaviours that may constitute harassment, including humiliating conduct, threats, bullying, and emotional abuse. Other actions deemed unacceptable include yelling, rude behaviour, and intimidating gestures.
Despite the prevalence of these examples in workplace harassment policies, Dube warns that not all managerial actions should be classified as harassment.
“Context is key,” he states. “If a manager’s behaviour stems from addressing poor performance, it may not be classified as harassment but rather as an exercise of their managerial functions.”
A recent Labour Court case, La Foy v Department of Justice and Constitutional Development, reinforced this distinction.
The court found that the employee’s complaints did not amount to harassment but were rather the “unpleasant consequences of the exercise of management functions.”
Dube notes that the impact of a manager’s conduct on an employee’s dignity is a vital factor in making this distinction.
“In instances where employees perceive management as abusive, it is important to assess whether the conduct truly undermines their dignity or if it reflects poor management skills,” he says.
In another case involving Amalgamated Roofing Technologies, it was recognized that expecting managers to meet overly stringent standards could be unreasonable, especially in high-pressure environments.
The court indicated that factors such as frequency and context play significant roles in determining whether a manager’s behaviour is excusable.
When faced with problematic managerial behaviour, Dube emphasises that employers must first evaluate whether they are dealing with a poor manager or a workplace bully.
“If it’s a bad manager, the resolution should focus on performance improvement. Conversely, if bullying is evident, disciplinary action is warranted,” Dube advises.
Employers are mandated by the Code to implement a harassment policy and investigate all allegations thoroughly.
“Taking these steps not only protects employees but also helps identify the nature of the managerial issues at play,” Dube concludes.
Understanding the nuances of workplace dynamics is crucial for fostering a healthy work environment and ensuring that managerial authority is exercised appropriately.
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