An incident occurred at my place of work where i was threatened by a co workers child and subsequently suffered injuries. I laid a charge against son and i was granted a protection order valid for 3 years. However the co worker continues to harass me and spread rumours about me to my other co workers. On the day of the incident i wrote a formal complaint against co worker along with witness statements but there was no action taken against her for misconduct and breaking company policies. I am expected to go back to work but i feel very unsafe and i have a medical letter from my Dr that states due to what has happened i now suffer from severe anxiety. My employer simply states i must ignore the co worker and continue doing my job. Is there any legal rights i have to ensure the co worker gets disciplined for her behavior or is it just a case of move on?
Unfortunately what you are referring to often falls directly outside of what the Labour Law provides for as their is nothing in any of the major statutes regarding harassment or spreading of rumours.
What I would suggest is to focus on more specific things, so for example what do you mean by harassment, does she call you names, physically assault you or take your possessions. Anything like that is an offense in the workplace and should be followed through on as far as possible.
How do you know she is spreading rumours, what is she saying and to whom is saying these things. If its possible to get a fellow employee to make a report to management stating what was said then that may make more of an impact.
Always give concrete examples accompanied by proof thereof. Don't just state that you are being harassed as this is a very common complaint that often just gets swept under the carpet.
If management at a lower level ignores it then take it further to upper management.
If the conduct complained of is serious enough then constructive dismissal could be an option however I must warn that this form of action rarely succeeds and does involve resigning from your job and then approaching the CCMA. I personally would not advise this option at this point.