‘My advice is that leaders of teams need to be aware of the personalities in their teams and to identify the true bully versus those who are ‘driver’ personalities.”
Business leaders often recruit and appoint people without considering how different personalities operate within their broader teams.
The most qualified person with the best presentation in an interview will usually be the successfully recruited candidate based solely on these criteria, without considering that person’s personality traits and how they will best fit within a team.
Despite their excellent skill set, this person could end up being a toxic bully who destroys a team.
What is a workplace bully
Mandy Pye, an employment law specialist at Alethus, says bullies are often A-type ‘driver’ personalities. They can be impatient, stubborn, intolerant, or short-tempered.
“People who have this personality type get frustrated with other personalities who are more analytical or amiable.
“This leads to clashes in the workplace, where the less forceful personalities feel bullied.
“However, not all ‘drivers’ are intentionally trying to bully their colleagues. Sometimes, they do not even realise how their style of communication is coming across to their co-workers, and they simply need to be coached on better communication within the workplace.”
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Identifying true workplace bullies
She says the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, GN 46056, 18 March 2022 (“the Code”) defines harassment as “unwanted conduct” that impairs dignity, creates a hostile or intimidating working environment and is related one or more of the grounds of discrimination listed in the Employment Equity (EE) Act of 1998.
The types of harassment listed in the code are broad — from the more obvious ostracising to the more subtle forms of ‘unacceptable facial expressions’.
Bullying is noted as repeated, unwelcome, and unsolicited conduct that belittles, humiliates, or intimidates the recipient, characterised by persistent, offensive, abusive, intimidating, or insulting behaviour, which may include undermining the victim’s competence or confidence.
“If this type of behaviour is perpetrated in the workplace, then it is bullying and then employers have a positive duty to protect the victim, in terms of both the Code and s60 of EE Act of 1998.”
How to handle bullies
Pye adds that organisations that allow political games to start within a team are at the most risk of environments becoming toxic.
“My advice is that leaders of teams need to be aware of the personalities in their teams and to identify the true bully versus those who are ‘driver’ personalities.”
She says a way to distinguish one from the other is for the leader to confront the alleged bully about how they deal with their colleagues.
If the employee responds in humility, with genuine remorse for their attitude, that person is more likely an ‘A-type’ personality who can be coached on communicating more effectively in the workplace.
The bully, however, is unlikely to take a confrontation of this nature to heart and will continue to demean others. The bully may even try to lay blame at the victim’s feet—i.e., gaslighting.
“If the leader is astute and able to identify what is happening, then the bully will usually end up in a disciplinary process of some sort, which can lead to his/her dismissal.
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When bullies have not been identified
Pye adds that in cases where leaders of teams have not identified bullies, aggrieved victims will be able to turn to the organisation’s grievance or harassment policies for guidance.
“I advocate that, where possible, the victim should try the direct approach first. In other words, set up a direct meeting with the bully – in a safe space at an appropriate time that does not interfere with work – to discuss the issues.
“By the employee acting in this assertive manner, the employee may find that the bully backs down and that it is possible to find a manner of working together. If this direct approach does not work, then the matter can be escalated to the next level.”
Lodge a formal grievance
Pye adds that in cases of intimidation or severe harassment, approaching the bully directly is not wise.
As a first step, it is best that the employee lodge a formal grievance and seek help from the Company’s leaders.
“The employee cannot simply walk out of their employment and claim to be the victim of a constructive dismissal without first bringing the issues to the attention of the organisation so that steps can be taken to resolve the conflict.”
She says a ‘constructive dismissal’ is when an employee resigns because the working environment has become intolerable.
“In these cases, the onus rests on the employee to prove their case, which the employee will not be able to do if steps have not been taken to advise the organisation of the grievance or if the organisation has not been allowed to resolve issues.”
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The organisation fails to act
If the organisation is made aware of the grievance and fails to act, the situation will be very different.
Pye says the employee will have several options available outside the workplace to refer disputes:
- The employee can resign from employment and refer an unfair constructive dismissal dispute to the CCMA in terms of the Labour Relations Act (LRA) of 1995;
- The employee can refer an unfair discrimination dispute based on harassment (which has been defined as a form of discrimination), to the CCMA or Labour Court, in terms of the EE Act;
- If the employee has been dismissed based on harassment, then the employee can refer an automatically unfair dismissal to the Labour Court in terms of the LRA.
- If the employee is harassed as a result of being a ‘whistleblower’, then the employee can turn to the Protected Disclosures Act of 2000 for protection.
- The employee can also obtain a protection order against the harasser in terms of The Protection from Harassment Act of 2011.
“In all cases, the employee must produce evidence to succeed in a claim. It is, therefore, crucial to keep records of incidents and to show that all steps were followed according to the organisation’s procedures before litigating.
“Employers and leaders of teams need to ensure that they are trained regarding harassment in the workplace and how to handle claims of harassment so that their teams do not fall apart and so that they do not end up in Court. Litigation is costly in more ways than one.”
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