Employment law practitioner Gabsile Xolile Mnisi has raised concerns about workplace bullying in Eswatini, stating that it must not undermine employees' dignity or fairness in disciplinary proceedings. Speaking at the second Empowerment Workplace Indaba, Mnisi highlighted the persistent power imbalance between employers and employees, which often leaves workers vulnerable to intimidation, unfair treatment, and abuse of managerial authority. She emphasized that employment laws have evolved to protect workers, but the historical imbalance of power continues to influence how employees are treated in their workplaces.

Mnisi explained that the unequal relationship between employers and employees remains one of the underlying challenges in addressing workplace toxicity. She traced the origins of employment relationships to the traditional master-and-servant system, where workers were expected to follow instructions without questioning the authority of their employers. Under this system, employers exercised considerable control over workers, including determining their remuneration and conditions of service. Despite the evolution of labour laws and the emergence of trade unions, Mnisi maintained that the imbalance remains deeply rooted in modern employment relationships.

Mnisi challenged employees to reconsider their understanding of employment contracts, warning that such agreements do not necessarily provide the level of protection workers believe they offer. She explained that employment contracts establish the employer's authority over workers through the duty of subordination and managerial prerogative. Employees are generally expected to submit to the authority of their supervisors and line managers, creating circumstances in which individuals can feel powerless when confronted with bullying or unfair treatment.

The situation becomes particularly difficult for employees who depend entirely on their jobs for survival and cannot afford to challenge their employers or resign from toxic workplaces. Mnisi revealed that she had previously confronted workplace toxicity and refused to tolerate treatment she considered unacceptable. She described herself as someone who had developed the courage to stand up against bullying, while acknowledging that not every employee possesses the same confidence or circumstances.

Workplace disciplinary processes are governed by two important principles: substantive fairness and procedural fairness. Mnisi explained that substantive fairness concerns the reasons behind disciplinary action, including whether an employee's alleged misconduct justified the employer's decision. She emphasized that toxic workplaces destroy health, families, and productivity, and that employees often underestimate the physical effects of prolonged workplace stress.

Culture Curator Africa Director Sipholesihle Lukhele warned that workplace toxicity has far-reaching consequences for employees' wellbeing, families, and overall quality of life. She shared her personal experience of being affected by a toxic working environment, which left her with emotional and physical scars. Lukhele emphasized that organisational culture is reflected in everyday behaviour, including how colleagues communicate, treat support staff, respond to complaints, and respect one another.

Lukhele cautioned that meaningful workplace transformation requires organisations to confront harmful behaviours rather than merely creating the appearance of unity. She argued that employees cannot simply separate their personal lives from their professional experiences, as emotional distress experienced at work often follows them home. The consequences of workplace toxicity extend beyond employees themselves, affecting spouses, children, and other family members who are indirectly exposed to the emotional burden.

Key points

  • Employment law practitioner Gabsile Xolile Mnisi warns of power imbalance between employers and employees in Eswatini.
  • Workplace bullying has far-reaching consequences for employees' wellbeing, families, and overall quality of life.
  • Organisational culture is reflected in everyday behaviour, including how colleagues communicate, treat support staff, respond to complaints, and respect one another.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.