Legal Q&A

Workplace Bullying and Harassment in South Africa

Workplace bullying and harassment are addressed under the Employment Equity Act and the BCEA. You can refer a harassment dispute to the CCMA and, in severe cases, resign and claim constructive dismissal.

Free South African Law

Direct Answer

Workplace harassment — including bullying, intimidation, and verbal abuse — constitutes unfair discrimination under the Employment Equity Act and a violation of your right to dignity under Section 10 of the Constitution. You can lodge a formal grievance, refer to the CCMA, or resign and claim constructive dismissal if the situation makes continued employment intolerable.

What the Law Says

Your Legal Foundation

Employment Equity Act 55 of 1998

Section 6

“No person may unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice on the grounds of race, gender, sex, pregnancy, marital status, family responsibility, ethnicity, social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground.”

Constitution of South Africa

Section 10

“Everyone has inherent dignity and the right to have their dignity respected and protected.”

Labour Relations Act 66 of 1995

Section 186(1)(e)

“Constructive dismissal occurs when an employee terminates the employment relationship because the employer made continued employment intolerable.”

What to Do

Step-by-Step Guide

1Document every incident with dates, times, what was said or done, and who witnessed it. Screenshots, emails, and voice notes (where lawful) are valuable.
2Lodge a formal grievance in writing with your HR department or line manager (if they are not the bully). Most workplaces are legally required to have a grievance policy.
3Request that the employer investigate within a reasonable time. Failure to investigate is itself a breach of the duty to provide a safe working environment (OHSACT).
4If the employer fails to act, refer a harassment/unfair labour practice dispute to the CCMA.
5If the situation becomes intolerable and the employer does nothing, you may resign and claim constructive dismissal — but take legal advice first, as the bar is high.

What to Say

Exact Words to Use

“"I am lodging a formal grievance in terms of the company's grievance policy regarding the conduct of [name], which constitutes harassment and a violation of my right to dignity under Section 10 of the Constitution and the Employment Equity Act. I require a written response within 5 business days."”

Tone: In writing to HR

Common Questions

Frequently Asked Questions

Is a toxic work environment enough to claim constructive dismissal?

Not on its own. Constructive dismissal requires that the employer made continued employment intolerable — through conduct, failure to act on harassment, or breaching a fundamental term of employment. A generally unpleasant environment usually does not meet this threshold. You must show specific acts or omissions and that you gave the employer a chance to remedy them.

Can my employer discipline me for lodging a grievance?

No. Victimisation for lodging a grievance or a CCMA dispute is automatically unfair under Section 187(1)(d) of the LRA. Document any adverse treatment that follows your grievance — this strengthens both claims.

Get Help Now

Resources & Helplines

CCMA

0861 16 2616

Refer harassment and unfair labour practice disputes. Free.
SAHRC

011 877 3600

If discrimination is the basis of the harassment.
Legal Aid SA

0800 110 110

Free legal advice for qualifying employees.

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