Article Headlines
Show
ABUSIVE AND DEROGATORY STATEMENTS
Posted on: 21 June 2010
This forms part of our Economic Development articles
In Sweden, it is estimated that behaviour such as making continuous negative remarks about a person or criticizing them constantly; is a factor in 10 to 15 percent of suicides. Recently we’ve seen how a journalist was publicly called a “bastard” and ‘bloody agent” by a politician and the subsequent public outcry of this behavior. In more serious cases, name calling and derogatory statements have led to more serious consequences unimaginable.
Prior to the nineteenth century, in Rwanda, the Hutu and Tutsi lived in relative harmony and roughly corresponded to their respective occupations. The nation and cultural mix is believed to have developed over two thousand years resulting in sharing common language and culture. However, with the genocide in Rwanda hatred was incited of Tutsi’s by Hutu’s. Discrimination was so institutionalized that Tutsi were called Inyenzi (cockroach) or inzoka (snake) by Government radio. Even Tutsi children were routinely singled out by teachers and addressed as cockroaches or snakes in front of their classes. Within weeks the Rwandan countryside was awash with blood. Local officials ordered Hutu peasants to kill their Tutsi neighbors. At its peak, the genocide claimed 8,000 lives per day.
According to John Grogan in his book “dismissals” , swearing or verbal abuse in the workplace are generally regarded as misconduct. In some cases swearing has resulted in dismissals even on the first occasion. In South Africa verbal abuse on many occasions sometimes also take on the tone of racial insults and of a sexual nature. This makes it even more serious. So, acts such as swearing, hate speech, derogatory statements, threats and intimidation and some which constitute harassment of whatever nature is commonly offensive and should not be tolerated. Where such swearing is directed to another employee, it impairs labour relations in the workplace. Where is it directed towards a senior, supervisor or manager, it also takes on the form of insubordination.
So, in answering the question as to why swearing and related conduct such as other forms of verbal abuse should not be allowed in the workplace, the following have to be taken into account;
In terms of his or her contract of employment, the employee has a duty of subordination towards the employer. This duty means that an employee must at all times refrain from insolent conduct, show respect and be civil and courteous towards the employer. Employers also have a duty of care towards their employees so that they have a reasonable working environment.
The Code of good practice on sexual harassment in the Labour Relations Act (LRA) requires of employers to create and maintain a working environment in which the dignity of the employees is respected.
In terms of the Occupational Health and Safety Act there is a general duty on employers towards their employees to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of employees.
-2-
The most important source however, for deciding on what is appropriate is of course the CONSTITUTION of our country. In previous judgments the Constitutional Court Judges stated the following:
The right to life and dignity are the most important of all human rights, and the source of all other personal rights in the Bill of Rights. By committing ourselves to a society founded on the recognition of human rights we are required to value these two rights above all others.”
“Recognising a right to dignity is an acknowledgement of the intrinsic worth of human beings: human beings are entitled to be treated as worthy of respect and concern…”
In similar vein the German Constitutional Court stated that:
“Human dignity in the eyes of the Constitutional Court requires a caring and sharing society marked by understanding and reciprocity among individuals in the presence of definite values.”
From the above it is clear that this broad term dignity clearly denotes an inherent worth of human being and his or her humanity. In Roman-Dutch law, dignity is properly interpreted as ‘self esteem’. According to our court, the impairment of dignity involves insult. It is the offensive and degrading treatment of another, whether in private or in public, or the exposure of a person to ill will, ridicule, disesteem or contempt. In the common law, there is no closed list of impairment of dignity. Insulting words and conduct such as swearing falls in the broad categories of conduct amounting to breach of a person’s dignity.
As swearing and other related conduct may also constitute harassment it is important to refer to the Employment Equity Act. Section 6(3) of the employment equity act provides that harassment of an employee is a form of unfair discrimination and is prohibited on any one, or combination of the listed grounds. These include race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth. Since harassment can also take place on unlisted grounds such as characteristics, citizenship etc, this is very wide. Although sexual harassment has a stronger focus in our law, other forms of harassment equally should not be allowed and is prohibited.
The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) defines harassment as follows:
“unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and which relates to,, sex, gender or sexual orientation; or a person’s membership of a group identified by one or more listed grounds …”
Therefore, if it is found that conduct degrades or violates the human dignity of the person belonging to a group or sub-group, or has a serious negative impact on the person or on group relations or constitutes a hostile environment, harassment will have taken place.
Behaviour may also offend even if it not aimed at the victim, as was in the case in United Kingdom where it was found that the landlord’s failure to consider the feelings of a black bar worker when playing a racist video on the premises constituted race discrimination. Another example could be where an employee although is employed as an ordinary clerk, such an employee may be a leader in his or her church. So, although swearing may not be directed at him or her, such a person may still feel offended by being subjected to such an environment.
-3-
Where abusive language took place, our courts have shown little sympathy with the dismissed employees especially where it took on racial or sexual form. In a recent matter the Labour Court upheld the dismissal of an employee who had uttered the words “I hate white people” to a colleague. The colleague took offense although the remark was not directed directly to her. The court found that this amounted to hate speech and upheld the dismissal.
One can safely conclude that the right referred to above, protects a person from humiliating, degrading, or abusive treatment which has the effect of diminishing a person’s self-worth. It protects a person from treatment which fails to protect his or her dignity and self worth. It is therefore highly unlikely that harassment and thus swearing could ever be justified in the workplace. Our Courts have shown absolute rejection of such behavior.
It is therefore important that employers set the rules and standards of acceptable and unacceptable behavior in the workplace such as introducing a policy on zero tolerance on abusive language and hate speech. This should be supported by education and information sessions.
In view of the importance of tolerance and diversity in the workplace and the constitutional aim of creating a new social order, certain type of behavior however widespread they may be, are not appropriate in the workplace, even if it is acceptable by some. The use of abusive language such as swearing degrades the values we hold dear.
As a community we should insist on the highest standards of propriety even in the workplace. We must contribute to the fight to eliminate such abuse in the workplace in particular and in so doing help to promote the constitutional values such as human dignity which form the foundation of our society.
Enquire about this article
More Related articles
Prepare for growth
Two strategies to consider in order to increase your volume of business are diversification and the forming of strategic associations.
Capital City Business Chamber
Read more...
Quicke reference Guide for Customers
City Of Tswhane: Quicke reference Guide for Customers
Capital City Business Chamber
Read more...
SANLAM COBALT: ECONOMIC COMMENTARY
Following recent disappointing data releases, including a plunge in US pending home sales in May and weaker than expected US employment data, fears of a “double-dip” recession scenario for the global economy have gained traction. In particular, there is i
Capital City Business Chamber
Read more...
EKONOMIESE OORSIG: AUGUSTUS 2010
Onsekerheid, meer onsekerheid en teenstrydige tendense! Dit is die hoofkenmerke van verwikkelinge op internasionale ekonomiese en finansiële gebied. Meer en meer aanduidings dui daarop dat ekonomiese groei vooruitsigte aan die verswak is. Daarenteen, het
Capital City Business Chamber
Read more...
EKONOMIESE OORSIG: JULIE 2010
Onsekerheid oor waarheen ekonomieë in die komende maande kan neig, het die afgelope maand sterk na vore getree. Die herstelproses wat ingetree het, was steeds broos, maar ‘n verandering in beleidsrigtings in die Eurosone en Brittanje het groot beroeringe
Capital City Business Chamber
Read more...
