JJS 2014 Volume 39 Issue 1

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Browsing JJS 2014 Volume 39 Issue 1 by Author "Smit, D. M."

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    Virtual bullying in employment
    (Faculty of Law, University of the Free State, 2014) Smit, D. M.
    English: The world of work has certainly benefitted much from the revolution in information communications technology and the wave of digitisation of the 21st century - e-mail, websites and virtual marketing platforms have truly removed many boundaries. However, these boundaries have also been removed for those in the workplace with less noble intentions: bullies. Virtual bullying, or cyberbullying, in the workplace has become a major concern worldwide. Some even regard virtual bullying as being more sinister than its face-to-face equivalent, as personal attacks launched on virtual platforms are often more intense, frequent, unexpected and difficult to stop, and can have far-reaching consequences not only for the employee on the receiving end, but also for the often unsuspecting employer, who may be held vicariously liable. Cyberbullying in the workplace may take various forms, including identifiable or pseudonymous e-mails and SMSs; communications that feature offensive content; negative characterisation on workplace or personal blogs, and the like. This article provides an overview of the differences between face-to-face bullying and virtual bullying; discusses the essential elements and prevalence of virtual bullying in the workplace, and then proceeds to compare the legal position with regard to this phenomenon in the United States of America, South Africa, the United Kingdom and Australia. It concludes with a few possible solutions to this pervasive problem in employment.