
A workplace situation can be identified as bullying if a worker or workers are:
While some workplace bullying may involve verbal abuse and physical violence, bullying can also be subtle intimidation with inappropriate comments about personal appearance, constant criticisms, isolation of workers from others and unrealistic, embarrassing or degrading work demands. Workplace bullying can also be carried out via letters, email, telephone text messages and social networking sites.
Bullying can cause a significant harm to a person’s health, safety and well being and lead to serious psychological injury. In extreme situations, there is also the risk of occupational violence.
An individual's reactions to bullying may include any combination of the following:
Bullying has substantial costs to organisations, with damaging effects on client service, workplace and team relations, and productivity.
It can undermine business efficiency and increase a range of costs including long-term sick leave, staff turnover and replacement costs.
Every situation is different, however bullying can be stopped. How you handle bullying will depend on your particular work environment and the nature of the bullying. If you are bullied you can take action informally or follow a more formal approach. You should:
An isolated incident of inappropriate or unreasonable behaviour may be offensive but as a one-off incident it is not considered to be bullying. However, since a PCBU has a duty to provide workers with a safe workplace and systems of work, single incidents of this type should not be ignored.
It is important to differentiate between a person’s legitimate authority at work and bullying. All PCBUs have a legal right to direct and control how work is done, and managers have a responsibility to monitor work flow and give feedback on performance.
If a worker has obvious performance problems, these should be identified and dealt with in a constructive way that does not involve personal insults or derogatory remarks. In situations where a worker is dissatisfied with management practices, the problem should also be raised in a manner that does not involve personal abuse.
Workers are less likely to report bullying if they:
Some workers may not be aware that the organisation they work for has established bullying prevention and management procedures and that their reports will be dealt with in a proper manner.
Even if a person does not complain about workplace bullying, they may still be offended or affected by the behaviour and the behaviour may still be unacceptable.
The Work Health and Safety Act 2011 (the WHS Act) requires PCBUs to ensure so far as is reasonably practicable a working environment in which workers are not exposed to hazards.
Workplace bullying should be treated as any other safety hazard at the workplace. If unreasonable or inappropriate behaviour, or the potential for such behaviour is identified, there is a high risk of psychological and/or physical harm. Therefore steps should be taken to stop the behaviour.
It is the duty of the PCBU to, so far as is reasonably practicable, ensure that adequate systems are in place to prevent or stop the bullying behaviour. To address workplace bullying, or the potential for bullying, the PCBU should:
Workers should take reasonable care for their own safety and health at work. They should also avoid adversely affecting the safety or health of any person in the workplace through any act or omission. Every worker must be made aware of their duty not to place the safety and health of others at risk by engaging in bullying or, where they are in a position of authority, to take steps to stop bullying if and when it happens.
Workers should follow the organisations safety instructions, cooperate on work-related safety and health matters, use personal protective equipment provided and report any work-related injuries or anything that they consider to be a hazard in their workplace - this includes bullying.
Any person may lodge a complaint with Comcare in relation to workplace bullying.
It is Comcare’s role to ensure that PCBUs and workers meet their obligations under the WHS Act. It is not the role of an inspector to become involved in the specifics of workplace bullying or to mediate between the parties.
In certain circumstances Comcare may decide to investigate alleged breaches of the WHS Act in relation to bullying. If this decision is taken the focus of the investigation will address the systems that the organisation has in place to prevent or manage workplace bullying, rather than whether or not the alleged bullying incident occurred. Comcare will generally only investigate specific incidents after all reasonable efforts have been made to resolve the situation internally.
Workplace bullying behaviour is not acceptable at any workplace. Even if a person does not complain about workplace bullying, they may still be offended and affected by the behaviour and the behaviour may still be unacceptable. This affect may have serious consequences to their well being over time.
Some individuals may initially be more tolerant of bullying than others. This does not mean the potential for harm is diminished. Bullying should not be regarded as normal workplace behaviour. Bullying can be stopped, and it should not be tolerated in any form.