Intimidation is said to be conduct that is seen or perceived as threatening to one’s safety. Intimidation in the workplace often rears its head in the form of conflict between co-employees, which escalates to a threat, either blatant or implied, leaving the aggrieved party feeling unsafe in and out of the workplace.
When dealing with such situations, it is important to ensure that the affected party make the employer aware of such misconduct by either lodging a formal grievance or orally notifying the employer.
Once the first report has been made, the employer must investigate the matter timeously by interviewing the parties involved as well looking at video footage, doing witness interviews, and evaluating any evidence which is provided or available.
In most instances, a disciplinary hearing will be held, and the sanction imposed is based on the seriousness of the misconduct as well as the effect such act has had on the aggrieved employee or workplace.
The offence of intimidation as defined in the Intimidation Act 72 of 1982 is committed when:
(1) Any person who-
- without lawful reason and with intent to compel or induce any person or persons of a particular nature, class or kind or persons in general to do or to abstain from doing any act or to assume or to abandon a particular standpoint-
- assaults, injure or causes damage to any person; or
- in any manner threatens to kill, assault, injure or cause damage to any person or persons of a particular nature, class or kind; or
- acts or conducts himself in such a manner or utters or publishes such words that it has or they have the effect, or that it might reasonably be expected that the natural and probable consequences thereof would be, that a person perceiving the act, conduct, utterance or publication-
- fears for his own safety or the safety of his property or the security of his livelihood, or for the safety of any other person or the safety of the property of any other person or the security of the livelihood of any other person;’’
Apart from the sanction in most proven cases of intimidation being that of summary dismissal, the aggrieved party may also charge the perpetrator criminally attracting a sentence of R20 000 or imprisonment of no less than ten years or both.
Contact your SEESA Labour Legal Advisor to assist your business with any Intimidation in the workplace related queries you might have alternatively, SMS the word “SEESA” to 45776 for an expert legal advisor to contact you.
About the Author:
Megashlin Naidoo is a Labour and BEE Legal Advisor from the SEESA Richards Bay branch. He joined SEESA in 2014, and is an admitted attorney.
Resources:
- Workplace Law by John Grogan
- Intimidation Act 72 of 1982