Workplace bullying remains a significant issue impacting workplaces across Australia. Not only does it affect those who are subjected to bullying or witness it, but it can also carry serious legal risks for employers and managers who fail to prevent and respond to bullying in the workplace. In Australia, there are strict laws and guidelines to protect workers which are based on work health and safety obligations as well as industrial legislation. For senior executives, heads of organisations and some senior managers, understanding their legal responsibilities is crucial.
What Is Workplace bullying?
According to SafeWork NSW and the Fair Work Act 2009, workplace bullying is defined as repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. This can include verbal abuse, intimidation, humiliation, exclusion, unreasonable work demands, spreading gossip or misinformation, and withholding information a worker needs to do their job.
Although the behaviour must be ongoing or repeated to be considered bullying, even one-off events can still breach workplace policies or codes of conduct and should be addressed and managed appropriately.
Legal frameworks
All States and Territories except Victoria have adopted the model Work Health and Safety laws. Victoria has similar provisions in its Occupational Health and Safety Act 2004.
These laws require employers to ensure the health and safety of their workers so far as is reasonably practicable. This includes protecting workers from psychosocial hazards, such as bullying.
In addition to State and Territory laws, the Fair Work Act 2009 (Cth) provides an intervention mechanism for certain employees to seek an order to stop bullying via the Fair Work Commission.
What are my responsibilities?
‘Officers’ of an organisation, who make or participate in making decisions that affect the whole or a substantial part of the business or organisation, have responsibilities in preventing and addressing bullying in the workplace under WHS/OHS laws. They also have a duty to exercise due diligence in ensuring their organisation complies with safety obligations.
An officer must ensure that the business or organisation has in place appropriate systems of work and must actively monitor and evaluate health and safety management.
In order to meet these obligations, here is what these officers must do to help eliminate workplace bullying:
1. Promote a respectful workplace culture
Understand the bullying risks in the workplace and create a culture of dignity, courtesy and respect by promoting these behaviours and modelling them yourself. This will help set the expected standard of behaviour in the workplace. It is important to communicate expectations. Developing a Code of Conduct in consultation with employees can help ensure these standards are clearly defined for all employees.
2. Systems, policies and training
Make sure the organisation has appropriate resources and processes to eliminate or minimise risks from bullying. Ensure your workplace has a comprehensive anti-bullying policy that defines unacceptable behaviours, outlines the process to report bullying, and explains the consequences for breaches. All employees should be trained on this policy regularly.
3. Effective complaint management
It is important that you treat complaints in a sensitive, impartial and timely manner. Where workplace bullying is established, it is a psychosocial risk, and action should be taken to remove the risk. Failure to address bullying complaints effectively can lead to legal liability and reputational damage.
4. Document, document, document!
Don’t forget to document everything including complaints, interviews, findings and decisions. Proper documentation helps protect both the employer and employees and can be used as evidence that reasonable steps were taken to address the issue.
5. Support mental health and wellbeing
Bullying can cause lasting psychological damage. Managers should be proactive in encouraging staff to feel safe about discussing mental health, offering support services, such as Employee Assistance Programs (EAPs), and encourage a healthy work-life balance.
Consequences of failing to act
Workplace bullying that is not addressed can lead to serious consequences, including:
- Legal action and penalties, both criminal and civil
- Reduced productivity and morale
- Increased absenteeism and staff turnover
- Workers’ compensation claims
- Reputational damage
In some cases, individual officers may be held personally liable for failing to comply with their WHS obligations.
Final Thoughts
It is important to identify what your legal obligations are in preventing and addressing workplace bullying. By understanding the laws, fostering a respectful culture, and acting quickly when issues arise, you can protect your teams and create a safe workplace where bullying is not tolerated.Vivienne Morales, Senior Consultant