New code for eye rolls at work

The new workplace code outlaws eye rolls, bullying, violence and harassment.

If you let go of your frustration when your boss is unfair by rolling your eyes, this is bad news for you.

But more important is that the code places a greater obligation on your boss to act when someone bullies or sexually harasses you.

The Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace became effective on 18 March and according to law firm Cliffe Dekker Hofmeyr, it puts a greater obligation on employers to counter violence and harassment in the workplace.

Werksmans Attorneys’ Jacques van Wyk, director, and André van Heerden, senior associate, said the minister has repealed the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace.

“The harassment code has been introduced to ensure that South Africa complies with international obligations while addressing the prevention, elimination and management of all forms of harassment in the workplace,” they said.

The code highlights four main forms of violence and harassment:

Sexual violence and harassment;

Racial, ethnic and social origin violence and harassment; Violence and harassment on account of a protected disclosure or whistleblowing; and

Workplace bullying.

In addition, the code defines other terms for the first time in SA law, such as:

Cyber-bullying, defined as the inappropriate use of technology;

Mobbing, a particularly vile form of bullying, defined as harassment by a group of people targeting an individual; and

Victimisation, defined as singling someone out for cruel or unjust treatment.

The code also shortened the definition of sexual harassment to “unwelcome conduct of a sexual nature that violates the rights of an employee”.

The code provides certain guiding principles:

Workplaces should be free of violence and harassment;

Employers are responsible for providing information and a safe environment;

A workplace culture should be created to ensure that complaints are easy and taken seriously;

Employers, employees, employee organisations and trade unions are required to proactively refrain from committing acts of violence and harassment; and

They must maintain a healthy working environment.