The following questions will provide clarity on some of the legal terms you will encounter throughout this WiseUp Newsletter.

 

Question: What does the law say about workplace bullying?

Answer: > In March 2022, the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (“Code”) came into effect.

>     This Code forms part of the Employment Equity Act 55 of 1998 and deals specifically with what is considered to be harassment in the workplace and how to deal with it.

>     The Code states that verbal bullying is a type of harassment that can be present in the workplace and it may include threats, shaming and insults, constant negative judgment and criticism, language that is racial, sexist or against the LGBTQ+ community.

>     The Code also deals with other aspects of harassment, such as physical abuse, sexual harassment and racial harassment.

>     If you feel that you are being bullied in the workplace, you must report it with your employer and they must take the necessary steps under the Code to address the complaint of harassment.

>     If you are not satisfied with the internal procedures, a complaint can be lodged with the Commission for Conciliation, Mediation and Arbitration  (“CCMA”).

 

Question: Do the provisions for workplace harassment only apply to employees?

Answer: > No, the Code provides that it does not just apply to employers and employees.

>     It can also apply to managers, supervisors, volunteers, job applicants, contractors, interns and so on. It can even sometimes reach as far to also apply to customers and clients.

>     This means that if you are a job applicant and you feel that you have been bullied during an interview, you can lodge a complaint of harassment  with  the  employer. 

 

Question: When is Wills Week and what does it mean?

Answer: > Every year, the Law Society of South Africa runs an initiative known as National Wills Week.

>     During National Wills Week, attorneys and law firms who registered to take part of the initiative will assist with providing basic Wills free of charge as a once-off service.

>     This free service during National Wills Week does not include any complicated Wills or follow-up consultations.

>     This year, National Wills Week will be held from 12 to 16 September 2022.

Read more on Wills on our website www.legalwise.co.za

 

Question: Do judgments of constitutional invalidity take effect immediately?

Answer: > One might think that as soon as a court declares something to be against the Constitution and invalid, that it immediately will come into effect. This is not always the case and the judgment must be carefully read to get clarity.

>     The High Court and Supreme Court of Appeal can declare something to be against the Constitution. However, the Constitutional Court must first confirm such a declaration before it comes into effect.

>     This means that although the High Court can declare something as unconstitutional today, it will only come into effect if the Constitutional Court confirms it.

>     Even if the Constitutional Court confirms the invalidity or makes an order itself, there can still be limitations to when it will come into effect. For example, the judgment can be suspended for a certain period to allow legislation to be amended accordingly.

 

Did you know…If you feel that you are being bullied in the workplace, you must report it to your employer.