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Bully For You? Employers Be Warned |
Australians are taking bullying behaviour in the workplace very seriously.
- In Queensland, the Department of Industrial Relations Prevention of Workplace Harassment Advisory Standard commenced on 1 June 2004. Employers in Queensland are obliged to either:
(a) Comply with the Standard; or
(b) Adopt and follow their own reasonable precautions, exercise due diligence and manage the risks relating to workplace bullies.
- In New South Wales directors of a Lidcombe joinery were found personally liable for a bullying incident involving a 16-year-old apprentice. In this instance, the employer was found in violation of the state Occupational Health and Safety Act for failing to ensure the health and safety of its worker.
- The South Australia Office of Employee Ombudsman has released a publication "BULLIES NOT WANTED": Recognising and Eliminating Bullying in the Workplace.
- The Victoria Workcover Authority has compiled a "Guidance Note on the Prevention of Bullying and Violence at Work".
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| What Constitutes Workplace Bullying? |
Bullying is a form of psychological or physical harassment caused by a supervisor, manager or co-worker. Types of bullying behaviour include:
- Verbal abuse;
- Put downs;
- Aggression;
- Unreasonable criticism and supervision;
- Inappropriate comments;
- Threats;
- Assaults;
- Bastardisation;
- Damage to property;
- Withholding information;
- Physical isolation;
- Gossip and rumours;
- Surveillance.
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| What Can Employers Do To Cope with Bullying in the Workplace? |
Guidelines and training will enable managers and employees to spot bullying and deal effectively with harassment situations. |
Steps for employers to take include:
1. Defining what constitutes bullying behaviour;
2. Acknowledging that bullying can exist in the workplace;
3. Top level support of anti-bullying strategies;
4. Drafting and distributing written policies prohibiting bullying;
5. Training workers in respect of the policy;
6. Encouraging the reporting and investigation of incidents;
7. Reviewing and updating existing policies;
8. Preparing guidelines and training managers regarding:
(a) How to spot bullying;
(b) How to deal effectively with the break up of bullying situations; and
(c) What to do after a bullying incident has occurred.
9. Drafting mandatory grievance procedures to ensure a fair process and adequate safe guards;
10. Ensuring standard treatment regarding violations of policy.
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When dealing with a bullying incident, employers should have in place a system to deal with the worker who has been subjected to bullying including:
- A contact person with whom they can communicate;
- Counselling (if necessary);
- Confidentiality, to ensure the worker is not victimised further.
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| Developments |
| QUEENSLAND |
| Queensland's Prevention of Workplace Harassment Advisory Standard is available at its website:
http://www.whs.qld.gov.au |
The 25-page document provides a practical blueprint for employers regarding "Workplace Harassment". It spells out the employer's obligation to prevent workplace harassment, and includes a risk management process including the following steps:
Step 1 - Identify the Hazards
Step 2 - Assess the Risks
Step 3 - Decide on Control Measures
Step 4 - Implementation
Step 5 - Monitor and Review
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| Once the risks are assessed, employers should put together a Workplace Harassment Prevention Policy. Page 13 of the report includes a step-by-step description of the elements that should be included in such a policy. |
NSW |
Under NSW Occupational Health and Safety laws it is an offence for an employer or a worker to fail to take reasonable care for the safety of others at the workplace. In addition to other risks, the employer must remove dangers from the workplace that may cause injury or harm to workers. The hazards of workplace violence and bullying can cause the loss of intelligent employees, reduce productivity and morale, and create legal risks. |
| The NSW Chief Industrial Magistrate recently addressed bullying in the workplace and sent a message to businesses. A 16-year-old apprentice labourer was wrapped in cling wrap as part of an initiation ceremony that lasted approximately 30 minutes. The other workers shoved sawdust and glue into the boy's mouth. The bullied worker suffered from asthma and had severe difficulty breathing. |
After the incident, there was no disciplinary action against the workers participating in the bullying and there was no policy regarding workplace harassment at the company. The directors as well as the company were fined for fostering a culture of harassment and turning a blind eye to the so-called "initiation rituals". |
SOUTH AUSTRALIA |
Several booklets containing information regarding bullying in the workplace by the South Australia Employee Ombudsman are available at: |
http://www.employeeombudsman.sa.gov.au/info/Info.asp |
VICTORIA |
Workcover Victoria has published a Guidance Note on the Prevention of Bullying and Violence at Work, discussing occupational violence and bullying. It is available at their website: |
www.workcover.vic.gov.au |
Also at the web address above, you can view the Sweeney Research Report conducted by WorkSafe Victoria to try to determine a baseline level of bullying in Victorian businesses. |
