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Article 27/2024

LabourEdge

Subsequent to FA v University of Witwatersrand (2023) 44 ILJ 929 (CCMA), Standard Bank of South Africa v Zimbini Makuleni (JR2261/18), Makuleni v Standard Bank of SA Ltd (2023) 34 SALLR 71 (LAC), Centre for Autism Research and Education CC v CCMA and Others (2020) 41 ILJ 2623 (LC) and Gaga v Anglo Platinum Ltd and Others (2012) 33 ILJ 329 (LAC), it is possible to identify various types of workplace bullying.

What are some of the important principles applicable when considering workplace bullying?

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  • In the Standard Bank judgment (LC), Boda AJ indicated that workplace bullying is linked to a feeling of incompetence in handling a job, a sense of alienation from colleagues, anxiety that there will be no promotional recognition, a challenge to job security, feelings of inadequacy and the knock-on tensions in personal relationships – not even to mention depression.
  • With reference to the work done by Professor Alan Rycroft, Boda AJ provided the suggested definition of workplace bullying to include any unfavourable or offensive conduct on the part of a person or persons which has the effect of creating a hostile working environment.
  • Specific behaviours identified to constitute workplace bullying include the following: various forms of persecution, threats and inspiration of fear, degradation, deliberate insults, hypercritical negative responses or attitudes and offensive administrative penal sanctions (directed against an employee without any objective cause, explanations or efforts at resolving any underlying problems).
  • Distinction is to be made between direct/overt bullying when compared to indirect/covert bullying – the latter is subtler and aimed at harming people on an emotional level with the intention to inflict pain in a manner that can be denied at a later stage.
  • A serious form of workplace bullying is gaslighting – these are actions taken by the perpetrator to cause the victim to question him/herself and make the victim doubt his/her competence.
  • A specific type of bullying is gender bullying, distinguishable from the aforesaid general bullying, seeing that this occurs on gender lines – equally, bullying can also take place according to race, etc (i e constituting racial bullying, etc).
  • As a general rule, the sanction of dismissal is applicable, specifically if the offender denies the bullying and showed no remorse.
  • Apart from the aforesaid cases, SALLR delegates are required to have recourse to the CCMA information sheet on harassment, as well as the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.
July 20, 2026

Precautionary suspensions

In the public sector, the Senior Management Service Handbook (SMS Handbook) directly addresses precautionary suspensions and the 60-day time limit.

Clause 2.7(2)(c) of the SMS Handbook provides that ‘If a member is suspended or transferred as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.’

Regulation 6 of the Local Government: Disciplinary Regulations Senior Managers, 2010 (Regulations) provides for the precautionary suspension of senior municipal employees and Regulation 6(6)(a) provides: ‘If a senior is suspended, a disciplinary hearing must commence within three months after the date of suspension, failing which the suspension will automatically lapse.’

What are the principles governing a determination of the question as to whether or not a senior municipal employee’s suspension automatically lapses in terms of the aforesaid Regulation 6(6)(a)?

Obviously, the answers to the aforesaid question are very relevant in the private sector where, firstly, a collective agreement regulates a similar process or, alternatively, such contractual rights have been created between the parties, to be enforced in terms of s77(3) of the BCEA.

July 13, 2026

In the previous article, we dealt with the consequences of a plant level collective agreement with a definite beginning and end date. We indicated to you that, in line with s23(2) of the LRA, and an analysis of the relevant case law, that, once such a collective agreement reaches its expiry date, it expires and is no longer of any force or effect. In this article, we deal with the scenario where a plant level collective agreement is concluded for an indefinite period and the employer gave notice to terminate same.

What are the consequences when a party to a plant level collective agreement, concluded for an indefinite time period, gives notice to terminate such collective agreement?

July 6, 2026

In terms of s23(2), a collective agreement binds, for the whole period of the collective agreement, every person so bound in terms of s23(1)(c) (the members of a registered trade union and the employers who are members of a registered employers’ organisation who are a party to the collective agreement, if the collective agreement regulates the terms and conditions of employment, or the conduct of the employers and employees) who was a member at the time it became binding, or who becomes a member after it became binding (irrespective of whether or not that person continues to be a member of such trade union or employers’ organisation for the duration of the collective agreement).

What is the relevant case law development as to a plant level collective agreement that has an expiry date, i e does such collective agreement continue to be of force and effect after such expiry date?