What is workplace bullying?
Workplace bullying involves an individual, or a group of individuals, repeatedly behaving unreasonably towards a worker, or a group of workers of which the worker is a member, in circumstances where that behaviour creates a risk to health and safety.
Unreasonable behaviour can include intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorising, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination.
What can I do about workplace bullying?
If you have been bullied or harassed at work, the lawyers at Jewell Hancock Employment Lawyers can assist you in preparing a formal bullying complaint to your employer and can support you through any investigation process. If your employer does not take reasonable steps to prevent the bullying from reoccurring, we can assist you in making an application to the Fair Work Commission to obtain an order to prevent future bullying in the workplace.
This process involves filing an application in the Fair Work Commission and attending a conference with your employer to see if the matter can be resolved by agreement. If the parties can’t resolve the matter by agreement, directions will be issued to prepare the matter for a final hearing before a member of the Fair Work Commission. The lawyers at Jewell Hancock Employment Lawyers can assist you throughout this process, from preparing the application to appearing for you at the final hearing. Alternatively, if you feel that your employment is no longer tenable as a result of the workplace bullying, we can assist you in negotiating an agreed cessation to your employment.
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Workplace bullying is repeated unreasonable behaviour directed at a worker that creates a risk to their health and safety. It can include things like aggressive or intimidating behaviour, exclusion, teasing, abusive or offensive language.
The law accepts that managers and employers may need to act if an employee is not doing their job well. Management action is not considered bullying if the action is ‘reasonable management action’, carried out in a reasonable way. Reasonable management action can include placing you on a performance improvement plan or taking disciplinary action for misconduct.
Under the Fair Work Act, you can apply to the Fair Work Commission for an order to stop bullying if the bullying is ongoing and poses a risk to health and safety. Employers also have duties under work health and safety laws to provide a safe work environment.
The Stop Bullying provisions only apply if you’re still employed and the bullying is ongoing or likely to continue. However, if the bullying led to your resignation or dismissal, you may have other legal avenues. Seeking advice from an employment lawyer is the best course of action.
