What is workplace bullying?
Sep 21, 2017Workplace bullying takes place if:
- a person or group of people repeatedly act unreasonably towards a worker or a group of workers - such as victimising, humiliating, intimidating or threatening; and
- the behaviour creates a risk to health and safety.
Whether or not such behaviour is unreasonable is determined using the "reasonable person test" - would a reasonable person see the behaviour as unreasonable in the circumstances?
Bullying can include:
- offensive language or comments;
- behaving aggressively;
- teasing or practical jokes;
- withholding information that is needed for work;
- cyberbullying;
- pressuring someone to behave inappropriately;
- spreading malicious rumours;
- physical abuse;
- unjustified criticism;
- excluding someone from workplace events; and/or
- unreasonable work demands.
It's not just the worker being bullied that has rights - the laws also apply to anyone who witnesses the bullying taking place.
And it doesn't need to take place in person - it can happen via the company intranet, over the telephone, via SMS or on social media.
What isn't workplace bullying
Management is entitled to take reasonable action that is carried out in a reasonable way, such as:
- giving performance feedback;
- taking disciplinary action against you such as transferring, retrenching or dismissing you (so long as it's in accordance with the applicable workplace employment laws); and/or
- deciding not to promote you.
One-off incidents, such as someone losing their temper and yelling, would not be considered bullying, unless it turned into repeated conduct.
And differences of opinion between workers is not considered bullying, unless the conduct concerned is repeated, prolonged and unreasonable, within the above definition.
Why this is important for employers
Employers have a duty of care to protect the health, safety and welfare of their employees, therefore if there is any suggestion of bullying taking place, then the employer must take proactive steps to investigate and prevent the alleged conduct.
At the very least, all workplaces should have a workplace bullying policy, as well as a designated WHS person who can be the point of contact for employees if they need to report any adverse conduct.
What employees can do if they are the victim of bullying
Set out below are the steps that you can take if you believe you are the victim of unreasonable conduct in the workplace. If you are unable to resolve the issue by taking a certain step, then it is suggested that you follow onto the next step:
- Review your workplace bullying policy to see if there is a specific process for dealing with bullying.
- Keep records - notes, screenshots, printouts - as evidence of the conduct.
- If possible, talk to the other person about your concerns regarding their conduct and ask them to stop.
- Approach your supervisor or manager, or the nominated WHS contact, about the conduct. Give your version of events and suggest a possible solution.
- Make a written complaint to your employer.
- Contact your Union.
- Contact the Fair Work Commission to request a stop-bullying order - this only applies to workers within a corporation (not sole traders or partnerships).
- Complain to the NSW WorkCover Authority.
Of course, if you feel threatened by the conduct, or if you have been physically or sexually assaulted, then you should contact the police.
For further information:
- Safe Work Australia's Guide for preventing and responding to workplace bullying
- Safe Work Australia's Dealing with workplace bullying - a worker's guide
- Fair Work Commission's Guide to Anti-Bullying
Contact the Shire Legal team if you have any questions.
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