3 minute read
Deal with workplace bullying promptly
NATIONAL
Bullying includes various types of behaviour including hurtful, humiliating or demeaning conduct which may be aggressive. It may include practical jokes, malicious gossip, exclusion or shouting at a colleague.
The behaviour may be exhibited by a person in authority or by another employee but if it happens on more than one occasion then it is an offence. Unfortunately, bullying as a behavioural characteristic is not a new phenomenon; it has been happening since time immemorial but it is only in recent times that it has become a workplace issue that can result in serious legal consequences for an employer.
How does bullying affect the workplace? In 2017 Safe Work Australia released data1 which revealed that one in three women claimed that they suffered a mental disorder involving harassment or bullying, 37% of employees reported being sworn at or yelled at whilst a work, and almost 20% of employees experienced discomfort due to sexual humour. There are increasing numbers of complaints of bullying either to the Fair Work Commission or in claims for workplace stress caused by bullying in a worker’s compensation claim.
Fortunately, we do not hear of claims that are so serious that ‘Brodie’s law’ needs to be invoked.
In 2011 Brodie Panlock, aged 19 years, was so badly bullied at work in Melbourne that she took her own life and this resulted in making serious bullying a crime in Victoria and punishable by 10 years imprisonment.
Victoria is the only state that currently makes bullying a criminal offence. Of course, not all employees who are victims of bullying report the conduct or take any action, they often either just accept the behaviour as the norm in the workplace or they leave and move on.
Where a bullying claim is made against the business the financial impact of such a claim can be costly. There can be monetary damages but there are also other losses such as losing valuable staff experience when people leave, the lowering of staff morale, increased sick leave, then there can be legal fees if it all ends in litigation and damage to the reputation of the business.
The Productivity Commission in 2016 estimated that Australian businesses lost up to $36 billion due to workplace bullying but qualified its estimate saying that there was limited reliable concentrated data available at that time.
Because of the serious consequences for staff and the business, it is in the best interests of employers to take serious action to keep workplaces bullying and stress-free.
It is vital to have all the work processes and procedures in place to ensure that the workplace is a safe and comfortable one, including stating that you have a culture of respect and project a clear mandate that there is zero tolerance of bullying at work.
The workplace policy should clearly state what constitutes bullying and that it will not be tolerated. The policy should be on display and be revisited regularly. It should be made clear to staff that the business does not tolerate one person deliberately undermining another, and that you expect each employee to afford courtesy to all other employees. Whenever consultation or discussion between employees is required it should be made clear that every individual’s opinions will be heard and respected, even if their viewpoint is not used.
A business will not be successful while there is an unhealthy, uncooperative environment. If an employee does not wish to accept the workplace culture and cooperation that the business requires then the employer should act swiftly to dispense with that person’s services. If a person does not fit your culture and the matter is left unattended for too long, it may become too late to remedy correctly and the outcome will be timeconsuming and costly.
1 https://www.safeworkaustralia.gov.au/doc/infographic-workplace-bullying-and-violence
