5 Signs Your Workplace Could Be Toxic - IOL

A toxic workplace can involve more than stress, difficult colleagues or a demanding manager. In South Africa, certain behaviour may amount to workplace harassment or discrimination under employment law.

Imagine dreading your daily commute, feeling physically ill before logging on or walking on eggshells around your manager. Many employees brush off these feelings, believing extreme stress and a hostile working environment are simply part of the job.

In South Africa, a toxic workplace is not only potentially harmful to your mental health; certain conduct may also cross the line into unlawful behaviour. The Employment Equity Act and the 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace provide important protections against workplace harassment and discrimination.

If you are experiencing any of the following, your workplace may not simply be difficult — it could involve conduct that warrants formal action.

Discipline should be aimed at addressing workplace conduct or performance, not unfairly targeting individuals.

A major red flag is when management appears to use disciplinary procedures without an objective basis or as a means of placing an employee under undue pressure. If you suddenly receive formal warnings for minor issues that have historically been overlooked when committed by others, particularly where there is no reasonable explanation for the difference in treatment, it may indicate that disciplinary procedures are being applied unfairly.

Harassment does not always involve shouting or overt confrontation. It can also take more subtle forms, including spreading rumours, undermining a colleague or deliberately interfering with their ability to perform their work.

If your work is consistently undermined or you are subjected to conduct that impairs your dignity or creates an intimidating, hostile or offensive working environment, the behaviour should not simply be dismissed as a personality clash.

A workplace in which jokes regularly rely on racist, gender-based or anti-LGBTQ+ language is not merely unprofessional. Depending on the circumstances, such conduct may constitute prohibited discrimination or harassment.

South Africa's workplace harassment framework covers various forms of unwanted conduct associated with protected characteristics, including race, gender and sexual orientation. Employers should therefore take complaints about derogatory jokes, insults and discriminatory teasing seriously rather than dismissing them as office banter.

Workplace harassment does not necessarily stop when you leave the office. It can occur through electronic communication, including abusive WhatsApp messages, threatening or hostile emails and other forms of online harassment.

Constant pressure to remain available outside ordinary working hours can also contribute to an unhealthy workplace culture. Depending on an employee's circumstances and the applicable working-time protections, excessive demands outside working hours may raise additional employment-law concerns.

Deliberate professional or social exclusion can, depending on the circumstances, form part of workplace bullying or harassment.

If you are intentionally excluded from crucial emails or important team meetings, or isolated from your department in a way that prevents you from performing your duties effectively, the conduct may be more than poor management. A sustained pattern of deliberate isolation intended to undermine an employee or pressure them to resign should be taken seriously.

If you recognise these signs, do not simply suffer in silence or rush to resign. There are practical steps you can take to protect yourself and exercise your rights.

Document what happens. Keep a private record of dates, times, people involved and specific incidents of alleged harassment, discrimination or other inappropriate conduct. Where appropriate and lawful, retain relevant emails, messages and other records.

Use the grievance process. Consider lodging a formal written grievance in accordance with your employer's policies. Reporting the conduct creates a formal record and gives the employer an opportunity to investigate and address the complaint.

Navigating a toxic working environment and dealing with hostile management can be emotionally and financially draining. Access to professional legal advice can help employees understand their rights, assess their options and decide on an appropriate course of action.

Legal Leaders provides members with access to legal professionals for advice and guidance on workplace matters. Having professional support can be particularly valuable when workplace conditions deteriorate and an employee needs to understand the legal remedies that may be available.

Employees are entitled to dignity and protection against unlawful harassment and discrimination at work. If your workplace is becoming toxic, understand your rights, document what is happening and seek appropriate advice before making significant decisions about your employment.

** Aslam Moolla is the founder and director of Legal Leaders and co-founder of Legal Leaders Insurance. He is a passionate labour lawyer with over 14 years of experience. Moolla and the Legal Leaders have become a prominent voice for workplace fairness and a commitment to ensuring every South African knows their rights and how to defend them.

***The views expressed here do not necessarily represent those of  IOL.