|
NEWS > SPRING 2003
Bullying in the workplace
The harmful effects of workplace bullying, both at a personal level and at an organisational level, are well known. Apart from the personal problems that a victim of bullying can suffer in the form of anxiety, stress and, in the extreme, physical injuries, there is a great cost to employers, too. A workplace that tolerates bullying will often suffer high rates of absenteeism, high staff turnover, poor staff morale and low productivity - not to mention costly legal proceedings and loss or reputation if a matter proceeds to court.
Bullying behaviour in the workplace already attracts penalties in various areas of the law. Bullying is unlawful if it contravenes anti-discrimination legislation, occupational health and safety legislation, or industrial relations legislation and agreements. Employers can face heavy fines if found in breach of legislative provisions in these areas. Similarly, an employer can face criminal prosecution if the bullying behaviour amounts to criminal conduct. Employers can also face common law proceedings brought by an employee in negligence. Employers have a duty to provide a safe workplace for their employees, and bullying incidents may constitute a breach of that duty.
In sending out a clear message that bullying has no place at work, Worksafe Victoria has recently released a Guidance Note, Prevention of Bullying and Violence in the Workplace ("the Guidance Note"). Copies of the Guidance Note are available from Worksafe Victoria (tel. (03) 9641 1333, or visit its website: www.workcover.vic.gov.au).
The Guidance Note identifies bullying as 'repeated, unreasonable behaviour directed towards an employee, or group of employees, that creates a risk to the mental or physical health of the employee'. Various types of behaviour are defined as bullying, including
- Verbal abuse
- Excluding or isolating employees
- Psychological harassment
- Assigning employees meaningless tasks unrelated to the job
- Overloading a person with work or allowing insufficient time for completion of task and then criticising the employee's work
- Deliberately withholding information that is vital for effective work performance
- Deliberately changing work rosters to inconvenience particular employees.
The Guidance Note outlines ways in which employers can prevent bullying and deal effectively with incidents as and when they occur. Employers are encouraged to provide information to employees to help identify bullying behaviour and to develop strategies to deal with the behaviour. Employers should also develop a 'no bullying' policy in the workplace, educate and train its employees in identifying and controlling risk factors that lead to bullying, and encourage the reporting of bullying incidents by employees. By being aware of workplace bullying and implementing the recommendations in the Guidance Note to prevent it, we can all benefit from safer and more productive workplaces.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from our office. | 
