Harassment and bullying at work

Everyone has the right to be treated with dignity at work. Harassment and bullying can wear you down, damage your health and make you dread going in each day. Men often feel they should just put up with it, or worry they won't be taken seriously, especially if the person harassing them is a woman or a senior manager. You don't have to put up with it, and the law gives you options.

What counts as harassment and bullying

Harassment is unwanted behaviour that humiliates, intimidates or degrades you, or that creates a hostile place to work. Bullying usually means repeated behaviour meant to undermine, belittle or control you. Examples include:

• sexual comments, jokes, messages or images you don't want
• unwanted touching, or pressure for dates or sex
• threats, shouting or intimidation
• insults or "jokes" about your race, gender, sexuality, religion, disability or other personal traits
• being constantly singled out, mocked or humiliated in front of others
• being deliberately left out, given impossible tasks or set up to fail
• spreading rumours or false stories about you

Sexual harassment can be done by anyone to anyone. Men can be sexually harassed by women or by other men, and it is just as serious. Harassment can also happen through messages, email or social media, or at work events away from the workplace.

Keep a record

Records make your complaint much stronger. Start as soon as possible, and keep them somewhere private, not on a work computer or work phone.

• the date, time and place of each incident
• exactly what was said or done, in as much detail as you can remember
• who was there or saw it happen
• how it affected you and your work
• screenshots of messages, emails or posts, with the dates showing
• any doctor's notes or sick leave linked to the stress
• copies of any complaints you made, and the replies

Raise it inside your workplace

1. Check the policy. Many employers have a harassment policy and a grievance procedure. Ask HR for a copy, or check your contract or staff handbook.
2. Speak up directly, if it feels safe. Sometimes telling the person clearly that their behaviour is unwelcome is enough. You don't have to do this if you feel unsafe, or if the person has power over you.
3. Tell someone in authority. Speak to your manager, a more senior manager if your manager is involved, HR, or your trade union representative.
4. Lodge a formal grievance. Put your complaint in writing, describe what happened and say what outcome you want. Keep a copy and note the date you handed it in.
5. Follow up. If nothing happens, follow up in writing and keep a record of every step.

Your employer has a duty to deal with harassment once it knows about it. Under the Employment Equity Act 55 of 1998, an employer that fails to take reasonable steps to stop harassment can be held responsible for it. You should not be punished for raising a genuine complaint. If you are, keep a record and get advice.

Taking it further

If the internal process doesn't work, or the harassment is serious, you have other options. Get advice on which route fits your situation. Time limits apply, so don't wait too long.

The CCMA and the Employment Equity Act

Harassment, including sexual harassment, can be a form of unfair discrimination under the Employment Equity Act. You can refer a dispute about it to the CCMA. The CCMA will first try conciliation and, depending on the case, the dispute may then go to arbitration or to the Labour Court.

If you had to leave or were dismissed

If the harassment became so bad that you had to resign, or you were dismissed after complaining, you may have an unfair dismissal claim. These must usually be referred to the CCMA within 30 days. See unfair dismissal and the CCMA.

A harassment protection order

Under the Protection from Harassment Act 17 of 2011, you can apply to the Magistrate's Court for a protection order against a person who is harassing you, including a co-worker or manager. See protection orders for harassment.

When it is a crime

Assault, sexual assault and threats of violence are crimes. You can report them at any police station. See opening a case at a police station.

Myths and facts

Look after yourself

Harassment can affect your sleep, mood and confidence. Talk to someone you trust. If your workplace has an employee wellness programme, it may offer free, confidential counselling. If the stress is affecting your health, see a doctor or clinic. Our guide on coping after trauma may help.

Getting support

• Legal Aid South Africa Advice Line: 0800 110 110
• Lifeline South Africa: 0861 322 322 (24/7)
• GBV Command Centre: 0800 428 428 (all genders, 24/7), for sexual harassment or abuse
• SAPS emergency: 10111, or 112 from a cell phone

You can record what happened anonymously at /report, and tick that you would like support. Men for Change's support team can help you find services: contact the support team. More helplines are on our resources page.