A recent case brought to the Commission for Conciliation, Mediation and Arbitration (CCMA) explored whether or not an employee’s conduct amounted to gender-based bullying in the workplace – lying out a strong message to employees.
A recent case brought to the Commission for Conciliation, Mediation and Arbitration explored whether or not an employee’s conduct amounted to gender-based bullying in the workplace, rendering his dismissal procedurally and substantively fair.
An enquiry panel was appointed after the initial investigation. The enquiry panel ultimately found that, on an assessment of the evidence and on a balance of probabilities, the employee had engaged in systemic gender-based bullying of seven employees at the University in the course and scope of his employment.
With guidance from this case, the Court held that a similar approach in dealing with sexual harassment cases should be adopted when dealing with matters concerning workplace bullying.
When applying this approach, the Commission held that “All of [the complainant witnesses] gave separate instances where they were treated similarly, being in a disrespectful, discourteous manner and in a manner which, in my view, would constitute bullying in the workplace”.
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