Bullying in the workplace is a severe problem that can have devastating consequences for victims. It can lead to mental health problems, physical health problems, and even suicidal thoughts. It can also damage productivity, morale, and the overall culture of a workplace.
However, it is often overlooked because it can be challenging to identify and prove. Bullies often use subtle and indirect tactics such as spreading rumors, sabotaging work, or isolating their victims.
In this article, we will explore the problem of workplace bullying in more detail. We will discuss the importance of addressing this problem and related legislation in NSW, Australia.
What Is Bullying in the Workplace NSW?
Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical, social, or psychological abuse. It includes behaviour that intimidates, offends, degrades, or humiliates a worker, often in front of others.
The act pertains to the repeated less favourable treatment of a person by another or others in the workplace. Moreover, such acts may be considered unreasonable and inappropriate workplace practice. Bullies can be supervisors, subordinates, co-workers, and colleagues, and they often operate within the established rules and policies of their organisation.
Examples of workplace bullying include:
- Making unreasonable demands
- Giving hostile glares and other intimidating gestures
- Yelling, screaming, and swearing
- Purposely excluding or isolating a coworker
- Sending aggressive emails or notes
- Monopolising supplies and other resources
- Engaging in excessive social bantering, teasing, and humiliation
- Deliberately insulting others and taking part in behind-the-back put downs
- Monitoring another excessively
- Stealing credit for other employees’ work
Risk of Bullying to Health and Safety
Workplace bullying is a risk to health and safety, both physical and psychological. It can cause both psychological and physical harm, making it a serious issue in workplaces across Australia. Workplace bullying is defined as repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.
It can involve just one person or groups of people and can be physical, verbal, or psychological, including victimisation, humiliation, intimidation, or threatening behaviour.
All companies and organisations in Australia must ensure their workers are not exposed to health and safety risks in the workplace, including workplace bullying. This includes having systems in place to prevent and respond to workplace bullying. By law, if a person reports bullying behaviour, an employer has to go through a proper complaint-handling process with their company’s:
- Workplace health and safety representative;
- Human resources department;
- Senior employees
There are also laws about discrimination in the workplace and laws against sexual harassment. Violent behaviour, threatening behaviour, and stalking are also illegal. Furthermore, if you feel the bullying situation has stayed the same after your workplace has been informed, you can contact outside resources for assistance. It is vital to take action to address workplace bullying to create a safe and healthy work environment for all permanent employees.
Occupational Health and Safety Laws
Occupational health and safety laws in Australia require employers to provide a safe workplace for their employees, which includes addressing workplace bullying. Here are some key points about occupational health and safety laws in Australia for workplace bullying:
1. Under the Work Health and Safety Act 2011 NSW (WHS), persons conducting a business or undertaking (PCBUs) must manage the health and safety risks of workplace bullying.
2. Employers are legally responsible under Occupational Health and Safety and anti-discrimination law to provide a safe workplace.
3. The Occupational Health and Safety Act 2004 VIC (OHS Act) requires employers to eliminate risks to health and safety as far as reasonably practicable. If it is not reasonably practicable to eliminate risks, the employer must reduce risks, as far as reasonably practicable.
4. Employers have a general duty of care to provide and maintain for employees, as far as practicable, a safe working environment without health risks.
5. If a person reports bullying behaviour, an employer has to go through a proper complaint-handling process.
6. Lastly, all incidents of harassment require employers or managers to respond quickly and appropriately. If issues are left unaddressed, a hostile working environment can develop, exposing employers to further complaints.
Safe Work Australia’s Guide for Preventing and Responding to Workplace Bullying
Safe Work Australia has developed a comprehensive guide for preventing and responding to workplace bullying. This guide provides information for persons conducting a business or undertaking (PCBUs) on how to manage the risks of workplace bullying as part of meeting their obligations under the model Work Health and Safety (WHS) laws.
Here are some key points from the guide:
- Preventing workplace bullying. PCBUs should take a proactive approach to prevent workplace bullying by implementing policies and procedures that promote a positive work environment and address the risk factors associated with bullying. This includes promoting a culture of respect, providing training and education on appropriate behavior, and encouraging open communication.
- Responding to workplace bullying. If a bullying incident occurs, PCBUs should have a process in place for workers to report the incident and for the matter to be investigated and resolved in a timely and confidential manner. Conducting interviews, gathering evidence, and taking appropriate disciplinary action, if necessary, are some of the ways to manage bullying in the workplace NSW.
- Supporting workers. PCBUs should support workers who have experienced bullying in the workplace NSW, including access to counseling services, flexible work arrangements, and assistance in finding alternative employment.
- Reviewing and improving. PCBUs should regularly review their policies and procedures for preventing and responding to workplace bullying to ensure they are effective and up to date. Preventive solutions such as seeking feedback from workers, conducting audits, and making any necessary improvements.
By following the guidance provided in Safe Work Australia’s guide, PCBUs can effectively manage the risks of workplace bullying and create a safe and healthy work environment for all employees.
Taking Legal Action Against Bullying in the Workplace NSW
SafeWork NSW, the Fair Work Commission and the Australian Human Rights Commission all investigate and resolve complaints involving workplace bullying. If damage has already been done to the victim’s physical or psychological health, the services of a workers compensation lawyer is needed.
Employers and managers have a responsibility to respond quickly and appropriately to all incidents of harassment in the workplace. Employers have a legal responsibility to create and maintain a safe workplace under the Occupational Health and Safety (OSH) law.
If you are experiencing workplace bullying in Australia, hiring a lawyer who can:
- provide legal advice on your rights and options,
- represent you in legal proceedings,
- negotiate with the employer on your behalf to reach a settlement or resolution,
- help you understand the Fair Work Act regarding workplace bullying in Australia.
Lastly, if you are experiencing workplace bullying, it is essential to seek legal advice from an experienced employment lawyer from JB Solicitors. We provide the legal expertise and support you need for taking action and creating a safe and healthy work environment for all employees.
Contact us today if you want to stop bullying in your workplace.
