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30 Indus. L.J. (Juta) 1431 (2009)
Workplace Bullying: Unfair Discrimination, Dignity Violation or Unfair Labour Practice

handle is hein.journals/iljuta30 and id is 1491 raw text is: 'i INDUSTRIAL LAW JOURNAL VOLUME 30 JULY 2009 Workplace Bullying: Unfair Discrimination, Dignity Violation or Unfair Labour Practice? ALAN RYCROFT INTRODUCTION While sexual harassment and racial discrimination in the workplace are recognized as distinct forms of unfair and unacceptable conduct, workplace bullying is not often viewed as a form of harassment falling into a recognized category, let alone behaviour which attracts legisla- tive protection for employees. While victimization of employees as a result of passing on information which may be detrimental to the employer has long been prohibited,1 workplace victimization not linked to such reporting has to be fitted into more general and less certain protections. The protection which does exist arrives, in most cases, too late. The notion of constructive dismissal is recognition that where an employer makes employment intolerable for an employee, the employee's resignation may constitute unfair dismissal. While such a finding may result in an award of compensation to the dismissed employee, this may be cold comfort as there has been a loss of the job, psychological scars, and no assurance that the cause of that resignation has been dealt with by the employer. Workplace harassment impacts in different ways. Sexual harassment impacts on an employee's dignity, bodily integrity, job security and * Professor and Chair of Commercial Law, Faculty of Law, University of Cape Town. Cf s 26 Occupational Health and Safety Act 85 of 1993; ss 78-79 Basic Conditions of Employment Act 75 of 1997; s 51 Employment Equity Act 55 of 1998; s 5 Labour Relations Act 66 of 1995; Protected Disclosures Act 26 of 2000.

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