Answer to Question 1:
According to the Occupational Health and Safety Act (Act 181 of 1993), every employer is to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the employees. This means that an employer has a statutory duty toward its employees to ensure that each employee is afforded the necessary protection against harm while at the workplace. Therefore, when considering how liable companies should be for violent acts committed by their own employees, one must look at how thorough the employer was in implementing measures discouraging or preventing such conduct by their employees.
Negligent hiring demonstrates an instance when an employer fails to action the above duty to protect workers from individuals who have previously demonstrated a propensity to behave violently. Negligent hiring refers to an employer’s negligence to do a thorough background check before employing an individual. Thus when said individual commits violent acts at the workplace, one can argue that the employer can be taken criminally to task by those who are suffer or are harmed by these acts whilst at work.
(http://workinfo.com/free/Downloads/95.htm)
Answer to Question 2
Companies cannot completely eradicate workplace violence, as it is an extension of violence that already exists in the different social environments of their employees, of which they have no control over. In the time period between April 2013 to March 2014 South Africa’s occurrences of reported violent crimes increased by 7.5%. This shows that socially, crime is on the rise.
(africacheck.org/factsheets)
There are many steps that can be taken to reduce instances of workplace violence. The most important step is to first gain management buy in. This commitment from management is best communicated in the form of a written and approved organisational policy on workplace violence. This policy should: * Apply to all management, employees clients, suppliers and anyone who has a relationship with the organisation * Provide clear definitions of unacceptable behaviour and working conditions in the relevant languages, as well as language medium of the organisation * Describe the processes for reporting, investigation and disciplinary action. * State applicable regulatory requirements.
Further to the above policy, the organisation should promote a transparent environment while affording whistle-blowers confidentiality. Support services for victims of violence as well as Employee Assistant programmes will assist in offering employees help with their personal and work problems before they build up to violent acts. Publicised training on the policy as well as actions that employees should take to mitigate potentially violent situation should be given. Lastly, as a proactive measure, they can eradicate negligent hiring through the implementation of thorough screening policies.
(http://www.labour.gov.on.ca/english/hs/pdf/wpvh_gl.pdf)
Answer to Question 3
This could be due to the fact that many organisations feel that there is already enough legislation that addresses anti-violence in the Basic Conditions of employment Act, the Occupational Health and Safety Act (Act 181 of 1993) and the Constitution of South Africa (1996). Others may not be aware of most violence incidents within their organisations and thus not feel the need for a formal policy. This non-reporting is mainly due to fear and ignorance of the acts being inappropriate.
(http://workinfo.com/free/Downloads/95.htm)
Answer to Question 4
Online research conducted for the sake of this assignment provided very few instances where employees felt that measures to prevent workplace violence implemented by their employer was an infringement on their privacy. Contrarily many, specifically women, felt safer and more at ease to perform their work where company policies on workplace violence were stringent. This is due to the fact that women are at a higher risk of being the victims of workplace violence than men.
(http://www.cgfresearchinstitute.com/Portals/274/Workplaceviolence.pdf)

Answer to Question 5
There are several factors that might lead to violent acts in the workplace. They can usually be grouped into one of the following: * Economic: The recent recession caused massive retrenchments and unemployment. Thus resulting in frustrated employees who either had to take a pay-cut or have to cope with the stress of reduced household income due to a spouse or fellow breadwinner being laid off. * Societal: This factor can range from violence experienced at home or in the resident community to violent influences or behaviours. * Physiological: Stress, Depression, frustration or other personal problems that the worker faces may surface through violent acts at the workplace. * Organisational issues: This is the role that an organisation may unwittingly play in instigating workplace violence. This could be in terms of the organisation’s structure, management styles, polarisation between employees and managers, understaffing, unreasonable working conditions, lack of a forum to address grievances, creativity or new ideas being discouraged.
Effects of all the above factors make violence a potential threat in the workplace.
Any individual is therefore capable of committing violent acts at the workplace if affected by any of the above factors. However, certain individuals are more prone to commit acts of violence. These include the following: * Persons abusing alcohol, drugs or other narcotics * Psychiatrically impaired individuals who may not yet be diagnosed and on a medication course * Disgruntled employees
(http://www.employee.screen.com/workviol.htm)