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Workplace Bullying
One in three workers have been bullied at work, with over half of them being the victim of persistent office gossip or malicious rumours. Micro managers breathing down employee's necks are also a major complaint, with a large percentage of employees saying they have been unfairly micromanaged at some point in their careers.
The Fair Work Commission are willing to make broad and far-reaching orders to prevent bullying in workplaces.
From 1 January 2014, a worker in a constitutionally covered business who reasonably believes that he or she has been bullied at work can apply to the Fair Work Commission for an order to stop the bullying.
What is bullying?
Bullying is repeated negative behaviour.
The Fair Work Act provides that a worker is bullied at work when:
- an individual or group of individuals repeatedly behaves unreasonably towards a worker and
- the behaviour creates a risk to health and safety.
Some examples of bullying include:
- aggressive or intimidating conduct;
- belittling or humiliating comments;
- victimisation, isolation and ostracism;
- spreading rumours or playing practical jokes;
- unreasonable work expectations;
- upwards bullying – such as where a group of employees bully a team leader.
The health and safety risk
Bullying can cause psychological and stress-related risks to health and safety which are more frequently resulting in Personal Injury/Workers Compensation claims.
Employers should have in place effective policies and processes to detect and prevent workplace bullying. It is also essential that there are clear and effective processes to deal with complaints. Failure to respond or the mishandling of a complaint could result in a range of actions being brought by the Employee.
What’s not bullying?
Reasonable management action carried out in a reasonable manner does not constitute bullying. For management action to be reasonable, there must be some line of cause and effect between conduct, behaviour or performance of an employee, and the relevant management action. If you are in any doubt regarding whether you are taking reasonable management action or that you believe your employer is bullying you under cover of “reasonable management action” we at GW are able to provide you with the advice you need.
How can we assist?
GW can assist with all aspects of workplace bullying. We can prepare documentation for Applications in the FWC or other superior courts, and assist you to mediate or progress any matter.
If you need more information or if you need assistance or advice on how to proceed please contact us here.