Abstract
Cyber harassment in the South African workplace is rarely discussed yet continues to be a growing problem as workplaces become increasingly digital. Despite technological advances transforming the workplace, cyber harassment has been addressed using traditional employment law principles which do not adequately capture the unique challenges of online misconduct. Cyber harassment cannot be ignored with rapidly evolving technology, especially in the context of work. This dissertation examines the effectiveness of South Africa’s Employment Equity Act 55 of 1995 (EEA) and related labour regulations in addressing cyber harassment. Although the EEA obliges employers to promote equality and prevent harassment, its limited focus on sexual harassment, along with the traditional misconduct framework of the Labour Relations Act 66 of 1995, results in significant gaps in regulating cyberbullying and cyber harassment. The study highlights the need for integrating protections for online abuse within South Africa’s legal framework, particularly by providing clearer guidance in the 2022 Code of Good Practice on the Elimination of Violence and Harassment, which reflects the principles of ILO Convention 190 (C190). However, the Code’s lack of binding authority limits its effectiveness in combating harassment in digital spaces.
The research looks at the best practices by exploring UK regulations, including the Equality Act 2010, Worker Protection (Amendment of the Equality Act 2010) Act 2023, and the Online Safety Act 2023. These regulations impose positive duties on employers to address workplace harassment, highlighting gaps in South Africa’s regulatory approach—particularly in holding employers accountable for abuse facilitated by information and communication technologies (ICTs). The dissertation also addresses South Africa’s expanding gig economy, noting the insufficient protections for platform workers who remain outside the EEA’s scope and are vulnerable to online abuse without meaningful recourse. Enforcement challenges, especially regarding anonymous online misconduct, are also explored, along with tensions between freedom of expression and human dignity. The study argues that South Africa’s labour laws require complete reform to address the complexities of online abuse and align with international standards such as C190, with particular emphasis on protecting vulnerable groups, especially women.
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The dissertation concludes with policy recommendations aimed at strengthening employer obligations to combat cyber harassment, expanding protections under the EEA to cover online abuse, and ensuring adequate protections for gig workers. It further advocates for clearer implementation of the Code of Good Practice and alignment with UK best practices. These measures are essential for ensuring South Africa’s compliance with Sustainable Development Goal 8, fostering safe, inclusive, and harassment-free work environments.