The double punch of workplace bullying/harassment leading to depression: legal and other measures to help South African employers ward off a fatal blow

2021 ◽  
Vol 25 ◽  
Author(s):  
Dina Maria (Denine) Smit
Keyword(s):  
Sexual Harassment ◽  
South African ◽  
Workplace Violence ◽  
Interpersonal Violence ◽  
Workplace Bullying ◽  
Good Practice ◽  
National Development ◽  
Working Life ◽  
Legal Framework ◽  
International Labour Organisation

ABSTRACT Sadly, in addition to being cutting-edge, the modern-day workplace is also increasingly cut-throat, having become a breeding ground for interpersonal violence, including bullying and (sexual) harassment. In South Africa, the country's notorious problem with violence in broader society is perhaps partly to blame. Yet, when workplace bullying/harassment intersects with employee depression, this could be a double punch with which very few workplaces are able to cope. The issue of workplace violence undoubtedly requires attention: from the 1944 Declaration of Philadelphia to the 2019 International Labour Organisation Recommendation 206 and Convention 190 call for a world of work free from violence and harassment. South Africa's National Development Plan, too, confirms every person's right to a working life that is conducive to productivity and embraces freedom, equality, human dignity and security. Nevertheless, South African employers and lawmakers remain sluggish in their response. This article adds momentum to the process (i) by defining workplace violence, and bullying and (sexual) harassment as forms thereof; (ii) by discussing the double punch of bullying/harassment and depression; and (iii) by establishing whether the South African legal framework sufficiently provides for bullied and harassed employees, particularly also those who consequently/already suffer from depression. Bullying is not recognised as a cause of action under South African law, and the Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace 2005, while commendable, has no legal force. Furthermore, although depression may be seen as a disability in certain circumstances requiring reasonable accommodation from the employer, not all instances qualify. Recommendations are made to overcome these and other lacunae in the legal framework. However, since it will take more than laws and codes to ward off the double punch of workplace bullying/harassment and depression, additional measures are proposed, at both the levels of society and employers. Keywords: Depression; bullying; workplace violence; dignity; employees; harassment.

scholarly journals The Secret Silent Spaces of Workplace Violence: Focus on Bullying (and Harassment)

Laws ◽  
2018 ◽  
Vol 7 (4) ◽  
pp. 35 ◽  
Author(s):  
Allison Ballard ◽  
Patricia Easteal
Keyword(s):  
Sexual Harassment ◽  
Dispute Resolution ◽  
Workplace Violence ◽  
Alternative Dispute Resolution ◽  
Workplace Bullying ◽  
Significant Problem ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Workplace Abuse ◽  
Bullying And Harassment

Any form of workplace abuse, be it bullying, sexual or non-sexual harassment, or other forms of workplace violence, represents a significant problem for both workers and organisations. The reality that worker complaints of such abuse are often silenced, frequently for long periods of time, has recently been spotlighted by the #MeToo movement. In this article we focus particularly on workplace bullying (some definitions include harassment). We explore how potential, and actual, complaints of such abuse may silenced—both before complaints are ever made, and also at different points along the complaint or dispute resolution process. We investigate how definitional and naming issues, worker ignorance and incapacity, workplace investigations, (alternative) dispute resolution and the legal pathways available to targets of workplace bullying and harassment may act to silence complaints. We also provide some practical suggestions for the targets of workplace abuse.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

scholarly journals Consequences of Exposure to Violence, Aggression, and Sexual Harassment in Private Security Work: A Mediation Model

2020 ◽  
pp. 088626052098443
Author(s):  
Alexander Herrmann ◽  
Christian Seubert ◽  
Jürgen Glaser
Keyword(s):  
High Risk ◽  
Sexual Harassment ◽  
Workplace Violence ◽  
Turnover Intention ◽  
Exposure To Violence ◽  
Private Security ◽  
Equation Modeling ◽  
Negative Consequences ◽  
Effective Prevention ◽  
Psychosomatic Complaints

While exposure to violence and aggression is well known for its detrimental effects on employees’ health as well as organizational outcomes, certain high-risk work domains have scarcely been researched. Thus, this study set out to determine negative consequences of work-related exposure to four forms of harmful behaviors in private security. In a sample of 487 German-speaking security guards, 23% had experienced outsider-initiated violence, 56% aggressive acts, 30% vicarious violent acts, and 3% were sexually harassed over the past 12 months. Additionally, 19% reported substantial to extreme worries about violence. By presenting an integrated model of negative consequences to outsider-initiated violent, aggressive as well as sexual harassing acts, we strived to extend previous research by showing that turnover intention (as an ultimate negative behavioral outcome) is only indirectly related to these experiences via worries about violence and psychosomatic complaints. Structural equation modeling provided support for the model and plausibility for a sequential “two-step” prediction of turnover intention. Further, we provided support that worries about violence are not solely triggered by directly experiencing physical violence but also vicarious violence, aggressive acts, and sexual harassment. Consistent with previous studies, worries about violence were identified as a central mediator in the transmission process from exposure to harmful behaviors at work to negative consequences, that is, psychosomatic complaints and turnover intention. Our findings have implications for the detailed understanding of consequences emerging from exposure to workplace violence and aggression as well as the development of effective prevention strategies especially in high-risk occupations such as private security.

scholarly journals Prevalence of workplace bullying of South African employees

2012 ◽  
Vol 10 (3) ◽  
Author(s):  
Leanri Cunniff ◽  
Karina Mostert
Keyword(s):  
South African ◽  
Workplace Bullying ◽  
Demographic Characteristics ◽  
Negative Effects ◽  
Cross Sectional ◽  
Demographic Groups ◽  
Diversity Experiences ◽  
Managerial Implications ◽  
Value Add ◽  
Survey Approach

Orientation: Workplace bullying has negative physical and psychological effects on employees and several negative effects on organisations. Research purpose: The purpose of the research was to determine the prevalence of workplace bullying in South Africa and whether there are differences in employees’ experiences of bullying with regard to socio-demographic characteristics, sense of coherence (SOC) and diversity experiences.Motivation for the study: This study intended to draw attention to the implications and negative effects of workplace bullying and to determine whether employees with certain socio-demographic characteristics, SOC levels and diversity experiences experience higher levels of bullying than others do.Research design, approach and method: The researchers used a cross-sectional field survey approach. They used an availability sample (N = 13 911). They computed frequencies to determine the prevalence of workplace bullying and used a multivariate analysis of variance (MANOVA) and analyses of variance (ANOVAs) to determine the differences between the groups.Main findings: The results showed that 31.1% of the sample had experienced workplace bullying. The researchers found significant differences between all the socio-demographic groups. Participants with higher levels of SOC, and who experienced diversity positively, reported lower levels of workplace bullying.Practical/managerial implications: Employers need to realise that workplace bullying is a common problem amongst South African employees and should ensure that they have the necessary prevention methods.Contribution/value-add: This study contributes to the limited research on the prevalence of workplace bullying and its relationship with SOC and diversity experiences in the South African workplace.

Victim Precipitation and the Wage Gap

2018 ◽  
Vol 11 (1) ◽  
pp. 144-151 ◽  
Author(s):  
Shannon Cheng ◽  
Abigail Corrington ◽  
Mikki Hebl ◽  
Linnea Ng ◽  
Ivy Watson
Keyword(s):  
Sexual Harassment ◽  
Workplace Bullying ◽  
Wage Gap ◽  
Victim Blaming ◽  
Target Characteristics

Cortina, Rabelo, and Holland (2018) accurately cite the general public's overuse of victim precipitation ideologies, or the notion that victims engage in actions that directly bring about their unfortunate circumstances. These ideologies also have permeated industrial and organizational (I-O) psychology and the study of people in the workplace (e.g., women's choice in clothing leads to sexual harassment, certain target characteristics and actions incite workplace bullying). We agree with Cortina et al. that this ideology unintentionally benefits the perpetrator by placing blame and responsibility for nonoptimal workplace situations directly on the target. The field of I-O psychology needs to move away from this model of victim blaming as a remediation for workplace disparities.

scholarly journals Global Prevalence of Workplace Violence Against Paramedics: A Systematic Review and Meta-analysis

2021 ◽  
Vol 6 (4) ◽  
pp. 205-216
Author(s):  
Hamidreza Shabanikiya ◽  
◽  
Fatemeh Kokabisaghi ◽  
Morteza Mojtabaeian ◽  
Tara Sahebi ◽  
...  
Keyword(s):  
Sexual Harassment ◽  
Workplace Violence ◽  
Service Providers ◽  
Physical Violence ◽  
Prehospital Care ◽  
Meta Analysis ◽  
Group Analysis ◽  
Significant Difference ◽  
Verbal Violence ◽  
Meta Analyses

Background: Violence is increasing in societies and workplaces around the world. This study aimed to review the literature on violence against paramedics in the prehospital setting and estimate the related exposure rates and types. Materials and Methods: The study was conducted based on the guidelines of systematic reviews and meta-analyses. The literature on the prevalence of workplace violence against paramedics published from January 1990 to September 2019 was searched in PubMed, Web of Science, Scopus, ProQuest, and Embase databases. The prevalence of violence was measured by using the random-effects model in Stata software. Sub-group analysis and meta-regression models were applied to explain the sources of heterogeneities. Results: The prevalence of overall violence, physical violence, verbal violence, and sexual harassment among study subjects were calculated to be 0.66 (95% CI CI: 0.20-1.11), 0.25 (CI: 0.16- 0.34), 0.58 (CI: 0.29-0.86) and 0.16 (CI: 0.09-0.22), respectively. There was no significant difference between male and female paramedics in terms of violence types. However, the prevalence of sexual harassment among women was higher than men (24% vs. 6%). The highest rate of physical violence and sexual harassment belonged to Europe and North America, while they had the lowest verbal violence. Asia and Australia had the lowest rate of physical violence and sexual harassment. Conclusion: Prehospital emergency service providers face a higher risk of potential exposure to violence in health care settings. This issue necessitates the special attention of prehospital care administrators to reduce the risk and related consequences of workplace violence by taking effective measures.

scholarly journals “Prevalence and Source of Various Types of Workplace Violence among Healthcare Professionals in the Public Hospitals of Karachi” A Cross-Sectional Survey

2021 ◽  
pp. 111-120
Author(s):  
Jai Dev Maheshwari ◽  
Sidra Zaheer ◽  
Greesh Kumar Maheshwari ◽  
Kiran Khan ◽  
Syeda Batool ◽  
...  
Keyword(s):  
Public Sector ◽  
Sexual Harassment ◽  
Workplace Violence ◽  
Physical Violence ◽  
Male Gender ◽  
Public Hospitals ◽  
Categorical Variables ◽  
Medical Doctors ◽  
Cross Sectional ◽  
Racial Harassment

Objectives: To determine the prevalence of violence among medical doctors in public sector hospitals of Karachi relating to physical violence, psychological violence (verbal and bullying/mobbing), sexual harassment and racial harassment). Methods:  A cross-sectional study was carried out in three public sector hospitals in Karachi (JPMC, Civil Hospital and Sindh Government Lyari General Hospital Karachi). Medical doctors of any age and gender who worked in outpatient departments, wards, and emergency departments were eligible to participate in the study. A validated WHO-designed questionnaire was used, with questions about exposure to violence, the source and types of violence, and socio-demographic information. In descriptive statistics, frequencies and percentages were reported for all categorical variables. The Chi-square and Fisher's exact tests were used to investigate the relationship between workplace violence and other types of violence. Results: 350 questionnaires were distributed to qualified medical doctors in total. Only 300 of them responded, for an 85.7 percent response rate. The majority of respondents were under the age of 40, and male gender was slightly more exposed to violence. The majority of the doctors were subjected to verbal abuse as well as bullying and mobbing. Conclusion: It was then concluded that any type of violence was common in doctors aged >35 years and male gender was more exposed to any violence as compare to female gander. The main type of violence was verbal violence in our study, whereas racial harassment and sexual harassment was also seen.

scholarly journals BARGAINING IN BAD FAITH IN SOUTH AFRICAN LABOUR LAW: AN ANTIDOTE?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Fiona Leppan ◽  
Avinash Govindjee ◽  
Ben Cripps
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
South African ◽  
Good Faith ◽  
Bad Faith ◽  
Labour Law ◽  
International Labour Organisation ◽  
Labour Legislation ◽  
The Many ◽  
Labour Organisation

While good-faith bargaining is recognized in many overseas jurisdictions and by the International Labour Organisation, such a duty has not been incorporated in South African labour legislation. Given the many recent examples of labour unrest in South Africa, it is time to consider whether there should be a duty to bargain in good faith when taking part in collective bargaining. Recognizing such a duty would arguably benefit both employers and employees and South Africa as a whole.

scholarly journals A Systematic Review of Challenges in Research Supervision at South African Universities

2018 ◽  
Author(s):  
King Costa
Keyword(s):  
South Africa ◽  
Systematic Review ◽  
South African ◽  
National Development ◽  
Research Capacity ◽  
Higher Learning ◽  
Postgraduate Students ◽  
Research Supervision ◽  
Knowledge Based Economy ◽  
Institutions Of Higher Learning

Postgraduate students in South Africa and other parts of the world, particularly in developing nations struggle to complete the research component of their studies. According to the National Development Plan ( 2013) it has become a requirement for South African institutions to play a pivotal role in knowledge production so as to transform South Africa from a resource-based economy towards a knowledge-based economy.  In pursuit of meeting this requirement and further to increase subsidy from the Department of Higher Education and Training (DHET), South African institutions of higher learning have been on the drive for recruiting postgraduate students en masse. One of the main problems facing South African institutions is that the number of students enrolled does not correspond to those who graduate at the end of the postgraduate programme study period.  This study is a systematic review of literature on challenges in postgraduate supervision and further proposes a possible solution.  Five South African institutions of higher learning’s postgraduate throughput data is carefully studied and substantiated by previous research on postgraduate supervision challenges on these particular institutions. Study findings present challenges related to research capacity development and burden of supervision at these institutions.  Collaborative methods of supervision such as the C.O.S.T.A model are hereby proposed as possible solutions to the current throughput problem in South Africa.

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