‘Gossip’, ‘sarcasm’, ‘eye-rolling’ OUTLAWED by South Africa’s new workplace rules

Some of us may have worked from home for the past two years, but for those of us returning to the office in 2022, it’s important to understand that the Department of Labour has released new criteria for ALL employees. The new ‘Code of Conduct’ attempts to eliminate harassment in the workplace.

The new ‘Code of Conduct’ for the workplace becomes legislation.

The new laws, which supersede previous workplace harassment statutes, are undoubtedly eye-opening. South Africa’s new Code of Conduct offers employers and employees with clear and comprehensive guidance on what constitutes unfair behavior amongst coworkers, superiors, and subordinates.

“This Code identifies the steps employers must take to eliminate harassment, including the development and implementation of policies that create workplaces which are free from harassment, in which employers and employees respect each other’s dignity, privacy, and their rights to equality.”

Department of Employment

‘Passive-aggressive behaviours’ outlawed under new harassment rules

However, one particular section has got tongues wagging. The new rules came into effect on Friday 18 March, after Labour Minister Thulas Nxesi signed off on the all-important documents. Exactly halfway through the 30-page document, we get onto a section about ‘passive-aggressive or covert harassment’.

This part reveals that workers could get themselves into trouble if they are caught engaging in certain negative behaviours. Some actions are more extreme than others, but it’s now feasible that someone could take action against you, if you’re eye-rolls and sarcastic outbursts become a problem.

A range of disciplinary sanctions can be brought in for anyone found guilty of committing workplace harassment, ranging from warnings to dismissals. In extreme cases, civil litigation cases can be brought forward.

“Passive-aggressive or covert harassment may include negative gossip or jokes at someone else’s expense, sarcasm, condescending eye-contact [such as eye-rolling], facial expressions/gestures, mimicking to cause ridicule, ‘invisible’ treatment, marginalisation, social and professional exclusion, and deliberate sabotage.”

Department of Employment