Performance Management vs Workplace Bullying: What Employers Need to Know
When Performance Management Is Mistaken for Bullying
Managing employees who are not meeting the required standards is part of every manager’s responsibility. But what happens when an employee believes that a manager’s firm approach to poor performance amounts to workplace bullying or harassment?
This can put employers in a difficult position.
Employers have a responsibility to address workplace harassment and bullying complaints seriously. At the same time, managers must be able to hold employees accountable, address underperformance, enforce deadlines and insist on compliance with reasonable workplace standards.
The challenge is knowing where legitimate performance management ends and bullying or harassment begins.
A recent bargaining council case, Russell v Aspen Pharmacare [2025] 5 BALR 496 (NBCCI), provides a useful example of why employers should carefully assess the evidence before concluding that firm management amounts to workplace bullying.
The Difference Between Performance Management and Bullying
A manager telling an employee that their performance is unacceptable does not, by itself, amount to bullying.
Managers are entitled to:
- Set reasonable performance standards;
- Give employees instructions;
- Address poor performance;
- Require employees to meet deadlines;
- Provide constructive criticism;
- Monitor an employee’s work;
- Require improvement where standards are not being met; and
- Take appropriate disciplinary or performance-management steps when necessary.
However, the way these management functions are carried out matters.
There is a significant difference between a manager who firmly addresses poor performance and a manager who repeatedly humiliates, threatens, intimidates or abuses an employee.
This distinction becomes particularly important when an employee submits a grievance alleging bullying or harassment in response to performance-related criticism.
What Happened in Russell v Aspen Pharmacare?
The employee in Russell v Aspen Pharmacare was a long-serving warehouse manager who was dismissed in December 2023 after complaints were made by employees reporting to him.
Two employees lodged grievances alleging that his management style amounted to bullying and harassment. A third employee also made a complaint but did not give evidence during the arbitration. The manager disputed the allegations. His position was essentially that he had been doing what managers are expected to do: addressing poor performance, holding employees accountable and requiring his team to meet the standards expected of them.
The case therefore raised an important question: When does firm performance management cross the line into workplace bullying or harassment?
What Did the Arbitrator Find?
The arbitrator found that the dismissal was substantively unfair and ordered the employee’s reinstatement together with six months’ back pay. The evidence did not sufficiently establish the allegations of bullying and harassment.
Among the important findings were that:
- There was insufficient evidence of an abuse of managerial power or a repeated pattern of aggressive conduct;
- The evidence presented by the complainants contained contradictions and credibility concerns;
- Some of the allegations were exaggerated;
- Requiring employees to improve their performance or meet deadlines does not automatically constitute bullying; and
- Allegations that employees had been shouted at or humiliated were not sufficiently supported by the evidence.
The case is an important reminder that an allegation of bullying does not automatically prove bullying. An employer must still look at the actual conduct, the evidence supporting the complaint and the circumstances surrounding the alleged behaviour.
Can Firm Management Be Seen as Bullying?
Yes. Employees may experience criticism or performance pressure differently, particularly where they are already struggling to meet expectations. A manager who says: “Your performance is below the required standard and you need to improve.” is not necessarily bullying an employee.
However, if that same manager repeatedly insults the employee, humiliates them in front of colleagues, threatens them, uses abusive language or deliberately undermines them, the situation is very different. The conduct, context, frequency and manner in which the manager behaves are all relevant.
This is why employers should avoid making assumptions based solely on either side’s version of events.
Performance Management Is Not a Licence to Humiliate Employees
It is equally important that employers do not interpret this type of case as meaning that managers can behave however they want simply because they are addressing poor performance. They cannot. Managers have the right to manage performance, but that right must be exercised fairly, reasonably and respectfully.
A manager should never use performance management as an excuse to:
- Publicly embarrass an employee;
- Shout at or insult employees;
- Make degrading or offensive comments;
- Threaten an employee unnecessarily;
- Constantly belittle an employee;
- Deliberately isolate an employee;
- Set unreasonable expectations simply to create grounds for discipline; or
- Target an employee because of a personal dispute.
There is a difference between firm management and abusive management. Employers need to make sure their managers understand that difference.
What Should an Employer Do When an Employee Alleges Bullying?
A bullying or harassment complaint should never simply be dismissed as an employee “not being able to handle criticism”. The complaint should be taken seriously and investigated appropriately.
At the same time, an employer should not automatically conclude that the manager is guilty simply because a grievance has been submitted.
A sensible approach is to:
1. Get the complaint in writing
Ask the employee to provide sufficient details of the alleged conduct.
This should include, where possible:
- What happened;
- When it happened;
- Where it happened;
- Who was present;
- What was said or done; and
- Whether there are any documents, messages or other evidence supporting the complaint.
2. Establish what the manager was actually doing
Was the manager addressing:
- Poor performance?
- Absenteeism?
- Missed deadlines?
- Failure to follow instructions?
- Workplace misconduct?
- Quality problems?
- Productivity issues?
Understanding the context is essential.
3. Look at the evidence
Do not make a decision based solely on the employee’s perception.
Speak to relevant witnesses, examine documentary evidence and give the manager an opportunity to respond to the allegations.
4. Consider the manager’s conduct
Even where performance problems genuinely existed, the employer should still assess whether the manager’s methods were appropriate.
A legitimate management objective does not automatically justify inappropriate conduct.
5. Keep performance management separate where appropriate
If an employee is genuinely underperforming, the employer should still address that issue through an appropriate poor performance management process.
A bullying complaint should not automatically stop legitimate performance management.
However, the employer should ensure that the performance process is not being used to retaliate against an employee for raising a genuine complaint.
What Does South African Labour Law Say About Workplace Harassment?
South African employers have significant obligations regarding workplace harassment.
The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace recognises harassment as a form of unfair discrimination and provides guidance to employers and employees regarding the prevention and handling of harassment.
The Code also recognises that workplace harassment can take different forms and that employers should take reasonable steps to prevent and eliminate it.
This means that employers cannot simply ignore complaints of bullying or harassment.
At the same time, the existence of a complaint does not mean that every unpleasant workplace interaction amounts to legally recognised harassment.
The facts and evidence remain critical.
Do Employees Have to Accept Poor Management?
No. Employees are entitled to be treated with dignity and respect in the workplace.
But this does not mean that an employee can refuse reasonable performance management simply because they find it uncomfortable. Performance discussions are not always pleasant.
Being told that your work is below standard, being given a deadline, receiving constructive criticism or being required to improve your performance can be uncomfortable. That does not automatically make the conduct bullying.
The important question is whether the manager is legitimately managing the employee or improperly targeting the employee.
The Importance of Proper Documentation
One of the biggest lessons for employers is the importance of keeping proper records.
Managers should document legitimate performance concerns, including:
- The performance standard that applies;
- The areas in which the employee is falling short;
- Previous discussions with the employee;
- Assistance or guidance provided;
- Reasonable targets and deadlines;
- The employee’s responses;
- Agreed improvement measures; and
- Follow-up discussions.
Good documentation can make it considerably easier for an employer to demonstrate that management intervention was based on genuine business and performance concerns rather than personal hostility.
It can also help distinguish a legitimate performance-management process from allegations of bullying.
Train Your Managers
Employers should not assume that someone automatically becomes a good manager simply because they are technically excellent at their job. Managers need to understand how to manage people.
Training should cover areas such as:
- Giving constructive feedback;
- Managing poor performance;
- Conducting difficult conversations;
- Handling grievances;
- Preventing workplace harassment;
- Applying disciplinary procedures;
- Communicating expectations clearly; and
- Maintaining professionalism during conflict.
A manager can be completely justified in addressing poor performance and still create unnecessary legal risk through the way the conversation is handled.
The Bottom Line for Employers
The Russell v Aspen Pharmacare case highlights an important principle for South African employers:
Holding employees accountable is not automatically bullying. Employers have the right to manage their businesses, set reasonable standards and address poor performance.
However, that authority must be exercised fairly and respectfully. When an employee alleges bullying or harassment, employers should neither ignore the complaint nor automatically assume that the manager has acted improperly.
Instead, investigate the allegations objectively, consider the evidence and look at the complete context. At the same time, make sure that legitimate performance management continues where it is justified.
The goal should not be to choose between employee protection and performance accountability. A well-managed workplace should provide both.
Need Assistance With Performance Management or Workplace Bullying?
Performance management, disciplinary action and harassment complaints can quickly become complicated, particularly when the issues overlap.
Employers should ensure that managers understand the difference between firm, lawful performance management and conduct that could amount to bullying or harassment.
If an employee has lodged a grievance alleging bullying, or if you are dealing with a poor-performance matter that could potentially result in a dispute, obtaining specialist labour law advice before taking further action can help reduce unnecessary risk.
Cofesa Labour Law Specialists has been protecting the rights of South African employers since 1990, providing specialist support on labour law, employee relations, disciplinary matters, performance management and workplace disputes.
Don’t let uncertainty turn a routine performance-management issue into a costly labour dispute. Get specialist labour law support from Cofesa.
Frequently Asked Questions
Can performance management be considered bullying?
Not automatically. Managers are entitled to address poor performance and hold employees accountable. However, the manner in which performance is managed may amount to bullying or harassment if it involves abusive, humiliating, intimidating or otherwise inappropriate conduct.
Can an employee claim bullying because their manager criticised their performance?
An employee can raise a complaint or grievance, but criticism or legitimate performance management does not automatically constitute bullying. The actual conduct and surrounding circumstances must be considered.
Can an employer discipline an employee who has complained about bullying?
Potentially, yes, if there is a legitimate and independently established reason for disciplinary action. However, employers should be particularly careful to ensure that disciplinary action is not retaliatory and that the performance or misconduct process is properly supported by evidence.
What should an employer do when an employee alleges workplace bullying?
The complaint should be taken seriously and investigated objectively. The employer should obtain details of the allegations, consider relevant evidence, give the accused manager an opportunity to respond and determine whether the conduct falls within the employer’s harassment or disciplinary framework.
Can a manager be firm with employees without bullying them?
Yes. Managers can set standards, give instructions, address poor performance and require employees to meet reasonable deadlines. The key is that management must be exercised professionally, fairly and respectfully.
Why is documentation important in performance management?
Proper records can demonstrate that performance concerns were genuine, that expectations were communicated and that the employee was given an opportunity to improve. Documentation can also help an employer respond to allegations that performance management was actually bullying or harassment.
For questions or advise, please contact the Cofesa national helpline:
011 679 4373 | 082 888 9516 | helpline@cofesa.co.za
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