How to Report Workplace Harassment

Navigating the professional world in South Africa should be about growth, contribution, and respectful collaboration. Unfortunately, for too many employees, the workplace can become a source of distress due to harassment. If you’ve found yourself in this difficult situation, please know that you are not alone, and more importantly, you have rights and avenues for recourse. Experiencing mistreatment at work, whether it’s verbal, physical, psychological, or sexual, can be debilitating, affecting your mental health, performance, and overall well-being. This article is designed to be your supportive guide, empowering you with the knowledge and steps on how to report workplace harassment effectively and safely within the South African legal framework. Taking action against workplace harassment isn’t just about protecting yourself; it’s about fostering a healthier, safer environment for everyone.

Understanding Workplace Harassment in South Africa

In South Africa, workplace harassment is a serious offence, addressed by various laws including the Labour Relations Act (LRA), the Employment Equity Act (EEA), and specifically the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace. This code defines harassment broadly to include any unwanted conduct that impairs the dignity of an employee, creating a hostile, intimidating, humiliating, or offensive work environment. It can manifest in many forms:

• Sexual harassment: Unwanted sexual advances, comments, or behaviour.
• Psychological harassment (bullying): Repeated unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety.
• Racial harassment: Unwanted conduct based on race that causes offence or humiliation.
• Discrimination-based harassment: Harassment based on any of the prohibited grounds of discrimination such as gender, disability, religion, origin, etc.

It’s important to remember that the impact on the victim, not the intention of the perpetrator, often determines if harassment has occurred. If it makes you feel unsafe, disrespected, or undermines your dignity, it likely constitutes harassment.

Steps Before You Report: Gathering Your Evidence

Before you formally report workplace harassment, preparing yourself and gathering information can significantly strengthen your case. Think of this as building a clear, factual picture of what you’ve experienced.

Document Everything

The more details you have, the better. Start a personal, private record (away from work systems) of every incident:

• Dates, times, and locations: Be as precise as possible.
• Description of what happened: What was said or done? How did it make you feel?
• Witnesses: Were there any colleagues or others present? Note their names if you know them.
• Evidence: Keep copies of any relevant emails, text messages, notes, or documents. Screenshots are valuable.
• Your reactions: Did you tell the harasser to stop? How did you respond?

This documentation will serve as a crucial reference point and support your account when you decide to report.

Understand Your Company Policy

Most South African companies are legally required to have an anti-harassment policy or a grievance procedure. Locate and read your company’s policy:

• Where is it stored (employee handbook, intranet, HR portal)?
• Who is the designated person or department to report harassment to?
• What are the outlined steps for reporting and investigation?
• Does it mention confidentiality or protection against victimisation?

Familiarising yourself with these internal guidelines will help you navigate the process within your organisation.

Your Reporting Options: Internal and External

You have various avenues for reporting workplace harassment, depending on your company’s structure and the severity of the situation.

Internal Reporting: The First Port of Call

In most cases, the first step is to report the harassment internally, following your company’s grievance procedure:

• Who to report to: Typically, this would be your immediate manager (if they are not the harasser), Human Resources (HR), or a designated senior manager or ethics officer.
• How to report: Submit your complaint in writing, outlining the incidents with the details you’ve documented. Be factual and clear.
• What to expect: Your company should initiate an investigation, which may involve interviews with you, the alleged harasser, and any witnesses. They should keep you informed of the process, maintain confidentiality as far as possible, and take appropriate disciplinary action if the harassment is substantiated.

If internal reporting feels unsafe, or if the harasser is in a position of power, you may need to escalate or consider external options immediately.

External Reporting: When Internal Isn’t Enough

If your internal complaint is not addressed, is mishandled, or you face retaliation, you have recourse through external bodies:

• The Commission for Conciliation, Mediation and Arbitration (CCMA): This is an independent body that resolves labour disputes. You can refer a dispute concerning unfair dismissal, unfair labour practice (which includes harassment), or discrimination to the CCMA. They will attempt to conciliate (mediate a settlement) and, if that fails, may arbitrate the matter.
• The Labour Court: For more complex or serious cases, particularly those involving unfair discrimination or where CCMA processes are exhausted, you can approach the Labour Court.
• The Equality Court: If the harassment is rooted in discrimination (e.g., racial, sexual, disability-based harassment), you can approach the Equality Court, which specifically deals with issues of unfair discrimination.
• South African Police Service (SAPS): If the harassment involves criminal acts such as assault, sexual assault, or intimidation, you should report it to the SAPS. This is a separate process from labour complaints and addresses the criminal aspect of the conduct.

When considering external options, it’s highly advisable to seek legal advice from an attorney specialising in labour law. They can guide you through the complexities of these processes.

Protecting Yourself After Reporting

Taking the brave step to report workplace harassment can be daunting, and concerns about retaliation are natural. However, South African labour law provides protection against victimisation. The LRA prohibits employers from subjecting employees to occupational detriment for making protected disclosures (like reporting harassment).

• Keep records: Continue to document any further incidents, communications, or changes in your working conditions after you’ve made a report.
• Seek support: Don’t go through this alone. Reach out to trusted friends, family, or consider professional counselling. Many legal professionals also offer initial consultations.

Remember, the law is on your side, and your well-being is paramount. You have the right to a workplace free from harassment.

Taking a stand against workplace harassment is a courageous and necessary step towards a respectful and safe work environment for everyone. If you’re experiencing mistreatment, know that you are empowered by the law to act. Don’t let fear silence you; instead, gather your facts, understand your options, and take the crucial step towards justice. When you’re ready to assert your rights and seek resolution, consider taking that definitive step. We encourage you to seek the guidance and support you need to File a formal workplace harassment complaint.