With the Andrew Lovett and the St Kilda footy club case in the media, the issue of workplace behaviour captures imagination and speculation about what constitutes unacceptable behaviour.

Only recently was there a report that a Melbourne waitress who was allegedly subjected to workplace intimidation committed suicide.

 

Whilst the reports are alarming, I note those matters are only allegations and will be decided inevitably in Court.

 

Nevertheless the problem of bullying is recognised by the Department for Occupational Health and Safety who publish specific guidelines to identify what sort of behaviour is unlawful for the assistance of anyone who thinks they may have been bullied.

 

The legal basis for a claim against bullying is in the obligation of an employer to provide an employee with a safe system of work to avoid the risk of injury which includes emotional injury.  This is set out in the Occupational Health and Safety Act and Regulations.  Bullying may also give rise to a claim for discrimination in WA under the Equal Opportunities legislation.

 

Bullying at work can generally be defined as repeated, unreasonable or inappropriate behaviour directed towards an employee that creates a risk to health and safety.

 

An individual or a group can instigate bullying.  The term workplace mobbing is sometimes used for prolonged or systematic bullying.  Bullying may include upward bullying, where a group of workers exhibit bullying behaviour towards a manager or person in authority.

 

It is easy to understand that the intent of bullying is usually to try to drive a person to resign.

 

This is not to say that a difference of opinion is bullying.  Disagreement is common and even healthy.  When treatment of another person is unreasonable or offensive, then workplace bullying exists.

 

An employer should put into place specific guidelines about bullying.  Even a single incident of bullying can spread a culture of bullying if that incident is tolerated.

 

Common examples of bullying includes:

• abusive, insulting or offensive language;

• behaviour or language that frightens, humiliates, belittles or degrades, including criticism that is delivered with yelling and screaming

• inappropriate comments about a person’s appearance, lifestyle, or their family;

• teasing or regularly making someone the brunt of pranks or practical jokes;

• interfering with a person’s personal effects or work equipment;

• harmful or offensive initiation practices; and

 

• physical assault or threats.

 

More subtle behaviour that undermines, treats less favorably or disempowers a person is also bullying, for example:

• unreasonably overloading a person with work;

• setting timelines that are difficult to achieve or constantly changing deadlines;

• setting tasks that are beyond a person’s skill level;

• ignoring or isolating a person;

• deliberately denying access to information, consultation or resources; or

• unfair treatment in relation to accessing entitlements such as leave or training.

 

Some who are bullied will experience:

• stress, anxiety, sleep disturbance;

• panic attacks or impaired ability to make decisions;

• incapacity to work, concentration problems, loss of self-confidence and reduced output and performance;

• depression or a sense of isolation and in extreme cases, risk of suicide;

• physical injury; and/or

• reduced quality of home and family life.

 

The costs to an organisation may include reduced efficiency, increased absenteeism, poor morale, increased workers compensation claims or even court action.

 

What to Do

There are a range of formal and informal options if you think you have been bullied.  Some are;

 

1. Informally confront the bully and calmly tell the bully that his or her behaviour is bullying and won’t be tolerated;
2. Seek the assistance of a Counselor if the employer provides this service;
3. Take steps to initiate a complaint through the company grievance policy if there is one in place; or
4. Speak to the Human Resources Manager and make a formal confidential complaint; or
5. Seek LEGAL advice.

 

The main thing to remember is that bullying and intimidation will not usually just disappear as a bully may feel he or she can continue their behaviour if it is unchallenged.  The key is to identify the behaviour and to take early action to avoid the unwanted risk to your health.

 

If the choice is a legal one - relating to anything from a criminal, commercial, club disciplinary matter or an inheritance dispute –our free 20 minute appointment with our Legal Information Desk is the answer.  Just log on to book at www.havilahlegal.com.au or call 9221 2339.

 

Related Havilah Legal service(s): Criminal Law