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MANAGING BULLYING IN

THE WORKPLACE

Janis Veldwyk

AGENDA

• Anti bullying

Legislation

• What is bullying

• What isn’t bullying

• Impacts of Bullying

• FWC Involvement

• Four step process

• Definitions of bullying

• Factors contributing to

workplace bullying

• Reporting

• FWC Guidelines

• How to carry out an

investigation

• What to do if being

bullied

• 8 ways not to be a

bully

AIM

To increase awareness of how to

reduce the risk of bullying occurring

at your workplace

BULLYING LEGISLATION

• Occupational Health and Safety Act

2004 (Victoria)

• Fair Work Act 2009

• Since 1 January 2014

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RESPONSIBILITIES UNDER THE OHS ACT

According to section 21 of the OHS Act employers must:

• provide and maintain so far as is practicable for employees a working environment that is safe and without risks to health

According to section 25 of the OHS Act employees must:

• take reasonable care of their own & others health and safety

• cooperate in actions taken by their employer to comply with the OHS Act

These responsibilities extend to workplace bullying

RESPONSIBILITIES UNDER FAIR WORK ACT

• having adequate policies and procedures in place

• appropriately investigating complaints and

implementing outcomes of investigation; and

• conducting training of managers, supervisors and

staff on bullying, harassment and discrimination

issues

WHEN CAN WORKPLACE BULLYING BE AN OFFENCE

UNDER FEDERAL OR OHS LAW?

• it has created a risk to an employee’s (or another

person’s) health and safety, and the employer has

failed to take all reasonably practicable steps to

prevent and address it

• an employee has acted in a way that fails to take

reasonable care for the health and safety of

others at a workplace

WHEN CAN WORKPLACE BULLYING BE AN OFFENCE

UNDER VICTORIAN LAW?

• Victoria’s anti-bullying legislation known as Brodie’s Law commenced

in June 2011 and made serious bullying a crime punishable by up to

10 years in jail

• Brodie’s Law was introduced after the tragic suicide of a young

woman Brodie Panlock who was subjected to relentless bullying in her

workplace

• Brodie’s Law makes serious bullying a criminal offence by extending

the application of the stalking provisions in the Crimes Act 1958 to

include behaviour that involves serious bullying. The offence of

stalking and therefore conduct that amounts to serious bullying carries

a maximum penalty of 10 years imprisonment

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WHAT IS BULLYING?

Victorian WorkCover Authority definition

• Workplace bullying is characterised by persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety

FWC Definition

• bullying happens when:

• a person or group of people repeatedly behaves unreasonably

towards a worker or group of workers at work; AND

• the behaviour creates a risk to health and safety

WHAT IS BULLYING?

• Bullying can occur wherever people work together. Under certain conditions, most people are capable of bullying

• Because bullying at work is an occupational health and safety hazard, intent is not relevant to the definition

WHAT IS BULLYING?

• A broad range of behaviours can be bullying, and this behaviour can be direct or indirect. Examples of direct forms of bullying include:

• Verbal abuse

• Putting someone down

• Spreading rumours

• Interfering with someone’s personal or work property

• Social isolation

• Practical jokes/pranks

WHAT IS BULLYING?

• Insults

• Yelling and screaming

• Angry outbursts

• Abusive comments

• Belittling or derogatory comments

• Humiliation

• Name calling

• Denying or undermining access to career development

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WHAT IS BULLYING?

Examples of indirect bullying include:

• unjustified criticism or complaints

• deliberately excluding someone from workplace activities (isolation)

• deliberately denying access to information or other resources

• withholding information that is vital for effective work performance

• setting tasks that are unreasonably above or below an employee’s ability

• deliberately changing work arrangements, such as rosters and leave, to inconvenience a particular employee or employees

• setting timelines that are very difficult to achieve

• excessive scrutiny at work

WHAT ISN’T BULLYING?

• setting performance goals, standards and deadlines

• allocating work to a worker

• rostering and allocating working hours

• transferring a worker

• deciding not to select a worker for promotion

• Informing a worker about unsatisfactory work

performance


• informing a worker about inappropriate behaviour

• implementing organisational changes

• performance management processes

• constructive feedback

• downsizing


Examples of behaviours that are not bullying, if undertaken in a reasonable and proper way, include:

• expressing differences of opinion

• constructive and courteous feedback, counselling

or advice about work-related behaviour and

performance

• making a complaint about a manager’s

or another employee’s conduct

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IMPACTS OF BULLYING

Each individual will react differently to bullying and in response

to the particular circumstances. Reactions may include any

combination of the following:

• distress, anxiety, panic attacks or sleep disturbance

• impaired concentration or ability to make decisions

• loss of self esteem and confidence, a sense of isolation or

withdrawal from the workplace

• physical illness, including digestive problems, skin conditions,

headaches and musculoskeletal disorders

IMPACTS OF BULLYING

• injury or increased risk of injury, particularly psychological

injury

• reduced work performance

• incapacity for work resulting in workers’ compensation claims

• loss of employment

• deteriorating relationships and reduction in quality of home life

• depression and risk of suicide

• feel angry, unhappy or stressed about the workplace culture

IMPACTS OF BULLYING

The effects of bullying are not confined to the individual

victim. Other employees who witness what is

happening may:

• know it is wrong but feel guilty because they do

not think they can do anything

• be afraid to support or help the victim in case they

too get bullied

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FWC INVOLVEMENT

Definition of a worker

• an employee

• a contractor or subcontractor

• an employee of a contractor or subcontractor

• an employee of a labour hire company who has been assigned to work in the person’s business or undertaking

• an outworker

• an apprentice or trainee

• a student gaining work experience

• a volunteer

FWC INVOLVEMENT

Definition of constitutionally-covered business or

undertaking

• Businesses are usually enterprises operated with the aim of making a

profit, and ‘have a degree of organisation, system and continuity’.

• Undertakings usually have ‘elements of organisation, systems and

possibly continuity, but are usually not profit-making or commercial in

nature.

FOUR STEP PROCESS

Step 1

Identify the Hazard

Step 2

Assessing the Risk

Step 3

Controlling the Risk

Step 4

Evaluating and Reviewing the

Process

STEP 1 - IDENTIFY THE HAZARD

The first step in the process is establishing

whether workplace bullying actually exists, or

whether there is a potential for bullying to occur

in the workplace at some point in the future.

Workplace bullying is often subtle or hidden.

../../Guide_antibullying.pdf

../../ABBenchbook.pdf

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The onus is upon the employer to actively take

reasonable steps to help identify whether workplace

bullying exists, or has the potential to exist. It is,

therefore, recommended that employers:

• consider the work required and work procedures

• focus on the systems of work rather than on the

individuals

• conduct a survey of employees on the issues of

workplace bullying


• monitor patterns of absenteeism, sick leave, staff

turnover, grievances, injury reports to establish any

regular patterns or sudden unexplained changes

• monitor deterioration in workplace relationships between

employees, residents or managers

• monitor feedback from exit interviews or feedback given

directly from managers/supervisors or any other internal

or external party

STEP 2 - ASSESSING THE RISK

Employers should check whether the following is occurring,

or have been identified through the process undertaken in

Step 1:

• repeated and unjustified criticism, that is targeted at an

individual or individuals, rather than at work performance

• threats of punishment for no justifiable reason

• overloading a particular person with too much work or an

unreasonable share of unpleasant jobs

• unwarranted or unjustified constant checking of an employee’s

work quality, output or whereabouts

STEP 2 - ASSESSING THE RISK

• humiliating a person through criticism, sarcasm and/or insults, especially in front of other staff, customers or residents

• denying opportunities for training, promotion, interesting jobs or assignments

• deliberately withholding information necessary for a person to be able to perform work to the required standard

• sabotaging a particular person’s work

• excluding a particular person from workplace social events

• spreading gossip or false rumours about a particular person

• dangerous practical jokes or forms of ritual humiliation, including initiations

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STEP 3 – CONTROLLING THE RISK

The third step involves developing and implementing

strategies and plans to minimise and control the risks

relating to workplace bullying. It is recommended that

these include:

• developing a workplace bullying policy

• establishing expectations of appropriate behaviour and the

consequences for failing to comply with expectations of

appropriate behaviour

• developing a complaint handling and investigation procedure


• providing training, education, information and

awareness on workplace bullying for all employees

• ensuring that managers (and persons of responsibility)

are aware of the responsibilities they have to assist the

employer in complying with their obligations

• nominating a contact officer(s) within the workplace and

providing training for the role


• providing clear job descriptions that include an

outline of the specific roles and responsibilities for

each position within the workplace

• keeping statistical records and information relating

to productivity, absenteeism, grievances, work

related injuries, customer complaints, disciplinary

actions, etc.

STEP 4 – EVALUATING AND REVIEWING THE

PROCESS

The fourth step involves the ongoing review and evaluation

of the specific strategies and plans that have been

implemented into a workplace to prevent and control

workplace bullying

• The evaluation and review process should ensure that

the strategies implemented are effective in preventing or

minimising incidents of workplace bullying within the

workplace

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STEP 4 – EVALUATING AND REVIEWING THE

PROCESS

• If the strategies have not been effective, it is

important that further analysis of the situation occurs

in order to determine how the employer can rectify

the situation

• Recognising and removing the risks is not a once-off

process. Employers should ensure that the four-step

process is a continual cycle within their workplace in

order to prevent workplace bullying from recurring

PSYCHOLOGICAL BULLYING

• Attacks on work performance

• Belittling movements i.e. Eye rolling, eyebrow lifting,

heavy sighs etc.

• Denial or manipulation of leave

• Emotional attacks (make victim feel guilty)

• Forced departure (manipulated into reluctant

resignation, redundancy, restructuring, early retirement )

PSYCHOLOGICAL BULLYING

• Isolation

• Sabotage (intentional)

• Exclusion from essential information, provision of

misinformation – later explained as your misinterpretation

• Threats of dismissal

• Too much work

• Undermining (having decisions overruled)

• Verbal attacks (shouting, temper tantrums, irrational outbursts

etc)

“REPEATED” BEHAVIOUR

• Persistent nature

• No specific form

• Requires established pattern before can be identified as “repeated”

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Mary is a Registered Nurse. Jane is a PCA with

many years experience. Mary is constantly telling

Jane “What would you know, you’re only an

unregulated worker.” “Obviously you don’t have the

skills to care for this resident”. “I just do not know

why they allow non regulated workers to work with

high care residents they are so useless”


Mary also assigns menial tasks to Jane while not

doing so to other staff who are also PCAs and then

loudly states things like” well, you are supposed to

be a carer and yet you can’t even manage to do

this properly”. This is always said in front of other

staff.


Lucy alleged she was bullied after being moved

into a new position by:

• conversations concerning the manner in which she

got the job and about her pregnancy

• requirements to carry out alternative duties while

pregnant which she did not agree to


• exclusion from social club activities

• disadvantageous work station and rostering

arrangements and requirements to ‘act as

messenger’, and

• social ostracism

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SINGLE INCIDENT

A single incident of unreasonable behaviour can

escalate into bullying and therefore cannot be

ignored, but a single incident does not constitute

bullying (but could be occupational violence if

physical attack or threat of physical attack)

SINGLE INCIDENT

•Mary comes to work in a bad mood and

when Jane says “Good morning Mary”

Mary says “Huh! What’s good about it. It

may be good for you!”

•Obviously this is not a proper response and

is not appropriate, but it is not bullying.

SINGLE INCIDENT

• Jill is the chef and Joan is the kitchen assistant. Jill asks Joan to clean down a bench top and Joan responds that she has already done it and does not see why she should do it again. Jill snaps back at Joan...I asked you to do it, just do it, it is NOT clean”

• Not a good response, but not bullying

SOURCES OF BULLYING

• Sideways or horizontal bullying

• An employee may bully another employee

• A group of employees may bully an individual or another group

of employees

• Downwards bullying

• An employer may bully an employee or group of employees

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SOURCES OF BULLYING

• Upwards bullying

• An employee or group of employees

may bully their manager or supervisor

FACTORS CONTRIBUTING TO WORKPLACE

BULLYING

POWER

• A person may use their position of power or their

physical dominance over those who are perceived to

be weaker

SELF-ESTEEM

• Bullies may put down others to boost their own self-

esteem and confidence to help deal with personal

feelings of inadequacy


BULLYING

DIFFERENCE

• An individual or group may become targets of

workplace bullying because others perceive them as

being new or different

PERCEIVED THREAT

• Some people bully others because the other person

is perceived as a threat to them either personally or

to their position within the company


BULLYINGORGANISATIONAL CULTURE

• The culture of a workplace is often shown by its values, beliefs and what is considered to be normal behaviour

• When the culture is positive, it encourages individuals to adopt appropriate behaviours that promote respect of others

• Conversely, employees may find themselves in a negative culture where inappropriate behaviours and attitudes are encouraged or condoned by management and bullying is seen as normal behaviour for the majority of people in the workplace

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BULLYING

ORGANISATIONAL FACTORS

• People may harass or bully others due to dissatisfaction with

organisational arrangements. Factors may include:

– job insecurity

– restructuring or downsizing

– changes such as a new manager/supervisor, new rosters or

new procedures

– inadequate supervision


BULLYING

ORGANISATIONAL FACTORS

– change in ownership

– introduction of new technology

– inappropriate induction practices

– inadequate support or training

–poor skills and practices in people management


BULLYING

RESIDENT/FAMILIES CONTACT

• The Resident or Family Member can pose a threat of

employees being exposed to workplace bullying

behaviour. If this is identified as a risk, then it should be

controlled in the same way as other identified risks

• Training staff in dealing with difficult residents/family

members, procedures for withdrawal from potentially

risky situations and access to counselling/debriefing can

all assist to control this risk

POLICIES AND PROCEDURES

Policies and procedures are a good starting point for preventing workplace bullying• Employers (in consultation with employees and HSRs) should

develop and implement a workplace policy and a procedure for workplace bullying

• Employers should also ensure that their Grievance Procedure Policy is updated with the new Anti Bullying Laws

• Employers can set and enforce clear standards of behaviour for their employees through workplace policies

• Workplace procedures set out how issues will be dealt with if they are reported or come to the attention of the employer (or their representative)

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WHAT SHOULD BE IN A WORKPLACE POLICY?

• commitment to providing employees with a safe working

environment

• the standard of behaviour that all employees are expected to

comply with

• where relevant, a statement that the policy includes

communication through SMS, email and social media

• what can happen if the policy is not complied with

• how and where to report issues

• where to get more information

WORKPLACE POLICY

• Promote the policy

• Communicate to all employees

• Included in induction for new employees

• Implement organisation wide

• Agenda item for all meetings

• Monitor and review policy at least annually

REPORTING

Workplace bullying may not be reported because employees might:

• Fear retribution or “payback” from the bully

• Believe that no-one will act on the problem

• Fear of being labelled “weak” or “whinging”

• Think that reporting will affect their career prospects

• Accept bullying as a normal part of work culture

REPORTINGBullying is known to be under-reported

• Reporting assists employers to:

• understand the size of the problem

• take action to address the issues being reported

• assess whether bullying prevention measures are working

• intervene as early as possible

• provide prompt assistance and support to employees

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REPORTINGCan be encouraged by:

• consistent and effective responses to issues

• supervisors and managers acting appropriately on issues

when they become aware of them

• regularly providing information (e.g. quarterly) to the health

and safety committee on numbers of reports made, how

they were resolved and what actions were taken

• regularly providing information to employees on numbers of

reports made how they were resolved and what actions

were taken

REPORTING

Workplace bullying may be raised with an employer in a

number of ways, including:

• a written or verbal report

• directly observing behaviour

• a HSR raising an issue for a member of their designated work groups

(DWG) or the whole DWG

• a worker’s compensation claim being made

• being told about an individual using an early intervention approach

• a response form received from FWC

REPORTING

• Employees are now able to report bullying directly to

FWC

• The claim is on a form titled “Application to Stop

Bullying”, which seems to suggest the bullying is

accepted as occurring

• Employees do not need to advise the employer of

the claims prior to lodging the application

FWC GUIDELINES

FWC the guidelines state:

• Where possible and safe, workers should try to address

issues of bullying at work within the workplace. There

may be processes already in place in the workplace to

deal with issues of bullying

• Workers are encouraged to raise the issues with their:

• supervisor and/or manager

• health and safety representative

• human resources department

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FWC GUIDELINES

States that unless the bullying and harassment

is reported to the employer they are powerless

to act in any meaningful way.

• Where the employer is made aware of the

allegations, they have an obligation to act

• Reporting is best done in writing

FWC GUIDELINES

• All complaints are taken seriously by the

employer

• When a report is received, the employer needs to

act promptly

• If the matter has been reported to FWC

• The employer/principal must complete the response

form from FWC within 7 days of receipt

FWC GUIDELINES

FWC can make an order if satisfied that:

• The worker has been bullied at work by an

individual or group of individuals, and

• There is a risk that the worker will continue

to be bullied at work by that same individual

or group

FWC GUIDELINES

The order could include:

• Requiring the individual or group of individuals to

stop the specified behaviour

• Regular monitoring of behaviours by an employer

• Compliance with an employer’s bullying policy

• The provision of information and additional

support and training to workers

• Review of the employer’s bullying policy

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PENALTIES FOR BULLYING

• The FWC has a high degree of power to make orders about remedies, except for a monetary order.

• However Victorian WorkCover Authority are able to prosecute for bullying and can obtain the following monetary penalties.

• Maximum penalty is

• $1,075,050 for employers

• $215,010 for individuals

• These are reviewed annually

RESPONSE TO A BULLYING COMPLAINT

There are principles of natural justice which need to be

adhered to as follows:

• The person alleged to have committed the bullying should be

treated as innocent unless the allegations are proved to be

true

• Allegations are investigated promptly

• An allegation needs to be put to the person they are made

against

The person accused of bullying must be given a chance to

respond

OUTCOME OF BULLYING COMPLAINT

• If the complaint is upheld disciplinary action is

taken

• It is important that any complaints of bullying be

provided in writing for the following reasons:

• The employer needs to ensure the complaint is valid

and not allow the complainant to change their mind

and their story after the employer has taken action

OUTCOME OF BULLYING COMPLAINT

• That the accused has to have the allegations made

against them clearly stipulated and this is best done by

the complainant in writing

• That if the accused either receives a warning or in

worst cases dismissed, that the employer has the claim

in writing and can rely on this is necessary

• That this diminishes the making of vexatious claims as

the requirement to put a complaint in writing carries

some responsibility

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EARLY INTERVENTION

• Effectively responding to issues when they are raised

can stop the situation happening again and reinforce

for employees that workplace bullying is dealt with

seriously by their employer

• Early intervention usually suits situations where

behaviour may have just occurred or has not

escalated

EARLY INTERVENTION

Early intervention is a way of solving an issue without a

formal report, investigation or discipline being taken

against an individual. Early intervention can be

achieved through an individual self-managing a

situation or seeking help from someone else to raise

the issue

SELF-MANAGING AN ISSUE

Self-management is an informal approach. It involves

the individual who experiences the negative

behaviour directly telling the other person that the

behaviour is not welcome and it should not happen

again. It should be done in a calm and professional

way. If the behaviour continues or gets worse then a

formal report should be made

SELF-MANAGING AN ISSUE

If an individual doesn’t feel confident enough to manage a

situation themselves, the issue can be raised through another

person. This includes:

• a supervisor or manager

• the other employee’s supervisor or manager

• a HSR

• human resources department

Anyone asked to act on behalf of an individual should use a

confidential and non-confrontational approach when discussing

the issue

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SUPERVISORS AND EARLY INTERVENTION

Supervisors and line managers should intervene in

issues they directly observe in their workgroups or if

they are requested to intervene by a member of their

team. If a supervisor or manager approaches an

individual directly about their behaviour they should

record the action/s taken. Supervisors should know

how and when it is appropriate to escalate an issue

WHEN AND HOW TO INVESTIGATE

The aim of investigation is to work out what happened and

what the appropriate course of action is. Where a serious

allegation has been made, an investigation should be the first

step taken. An investigation should be used:

• for reports that cover a long period of time

• for reports that include threats

• for reports against a number of employees

when an early intervention approach has not addressed the

issue

HOW TO CARRY OUT AN INVESTIGATION

Appoint an impartial and experienced person

(someone neutral to all parties involved who has no

conflicts of interest) to investigate. That person

should:

• set the scope of the investigation by determining what

allegations will be tested

• set the process (who will be interviewed, when, and

how long it should take etc).


Use an experienced external investigator to

undertake the investigation when:

• there is no suitably skilled person available

at the workplace

• a suitably skilled person has a conflict of

interest

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The person conducting the investigation should:

• treat all matters being investigated seriously and

confidentially

• examine matters impartially and in a timely way

• allow for appropriate time

• identify and speak to relevant witnesses


• inform everyone involved of the possible

investigation results and outcomes

• assess reports on their merits and facts

• hear parties separately (versions of what allegedly

happened may differ)

• record the facts surrounding the matter


To ensure the investigation process is conducted in a fair, objective and timely way, it is important to ensure the respondent:

• is fully informed of all allegations against them

• is fully informed about the investigation process and possible outcomes (e.g. disciplinary action)

• has an opportunity to seek independent advice and representation

• is given full opportunity to reply to the complaint/s

• has their confidentiality maintained

• is informed how they can seek a review of a decision


At the end of an investigation, the person investigating should

submit an objective report that:

• describes the allegations/what was reported

• describes the investigation processes

• outlines all relevant evidence (including who was interviewed)

• concludes whether workplace bullying can or cannot be

substantiated

The report should be acted on and its key findings communicated

in a sensitive way to the complainant and respondent and FWC if

response form has been received by the organisation

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AFTER AN INVESTIGATION

• Where an investigation has substantiated that workplace bullying occurred, recommendations should be made on the actions that will be taken to finalise the matter

• Or the organisation must follow the order made by FWC

• In some circumstances, an investigation may find that a report of workplace bullying cannot be substantiated and no further action can be taken

• Communicate recommendations to relevant people

• Where appropriate, recommendations for improvements should also be communicated to HSRs (where in place), the OHS committee and employees

INFORMATION, INSTRUCTION, TRAINING AND

SUPERVISION

• Employers must also provide information, instruction, training

and supervision to employees, as is necessary, to enable them

to work in a way that is safe and without risks to health

• Employers should ensure employees understand their role and

have the appropriate skills to do their job

• Making sure that employees who supervise others have

appropriate skills and training before starting supervisory duties

WORKPLACE BULLYING PREVENTION TRAINING

Induction

• Employers should ensure that information about

workplace bullying, including any relevant policies and

procedures, is included in new employee inductions

• Inductions should cover the range of employees at the

work-site (e.g. permanent employees, casuals, part-

timers, shift workers, volunteers and agency staff)

LINE MANAGERS AND SUPERVISORS

• Line managers and supervisors should know

what to do if an issue is reported to them or

they become aware of a problem in their work

group.

• Supervisors should know how to recognise and

act on workplace bullying and demonstrate

positive behaviour

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WHAT YOU CAN DO IF YOU ARE BEING BULLIED

• If you can, tell the person the behaviour is

unreasonable/inappropriate, that you are offended and want

it to stop

• Get advice from your health and safety representative

• Keep a record of events that includes the names of people

involved (e.g. witnesses). Make sure the records focus on

the facts of the situation (what happened, including dates

and times, and, if possible, copies of any documents)

WHAT YOU CAN DO IF YOU ARE BEING BULLIED

• Report it preferably to your employer or to

FWC

• Seek professional counselling and/or

advice

• Talk to people you trust at your workplace

8 WAYS NOT TO BE A BULLY

1.Behave in a reasonable manner

• The Fair Work Act 2009 (s789FD(1)) defines workplace

bullying as where an individual or group of individuals

repeatedly behaves unreasonably towards a worker or a

group of workers at work, and the behaviour creates a risk to

health and safety.

• Note: ‘Unreasonable’ behaviour is not defined in the Act and

therefore will be interpreted by the Fair Work Commission

depending on the facts of any particular case.


• A good rule to go by: If you would not like someone

behaving towards you in a similar manner, then the

behaviour is likely to be seen as unreasonable.

However, this approach will not avoid the problem of

interpretation: some people simply do not perceive

that their behaviour could be distressing to others.

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2.Don’t be aggressive or intimidating

• This type of behaviour includes actual assault and

threats of physical harm. For example, a security

guard was subjected to a range of bullying

behaviour, including physical and sexual assault and

threats such as ‘I will do you’ (Naidu v Group 4

Securitas Pty Ltd (2005) NSWSC 618).


• Another example of this sort of bullying behaviour occurred when an investment adviser’s supervisor subjected him to ‘… “malicious” personal attacks, “threatening and disturbing” actions and comments including false accusations and a “barrage of insults and abuse” ...’ (Goldman Sachs JBWere Services Pty Ltd v Nickolich [2007] FCAFC 120).


3. Don’t make belittling or humiliating comments

• Don’t make comments that make fun of the individual (or

more generally of their race, gender, etc). The FWC gives

the example of a counter sales assistant at a butcher’s shop

who endured many sexually explicit comments either

directed personally at her or generally in relation to women.

(Styles v Murray Meats Pty Ltd (Anti-Discrimination) [2005]

VCAT 914)

• Belittling or humiliating comments can also include nasty

nicknames.


4. Don’t victimise workers

• Victimisation not only includes blaming the worker for things that

he/she has/has not done, but also includes requiring him/her to

work unreasonably; for example, unreasonably long hours,

requiring unreasonable amounts of work such as making him/her

do the work of colleagues, and inconsistent work and discipline

requirements compared to colleagues. (See: Swaran Lata Kumar

and Macquarie Partnership Lawyers [2005] NSWIRComm 202.)

• Victimisation can also include unreasonable refusal of a worker’s

entitlements; for example, to annual leave or parental leave.

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2005/618.html

http://www.austlii.edu.au/au/cases/cth/FCAFC/2007/120.html

http://www.austlii.edu.au/au/cases/vic/VCAT/2005/914.html

http://www.austlii.edu.au/au/cases/nsw/NSWIRComm/2005/202.html

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5. Don’t spread malicious rumours

• Most people like to know about the latest work

gossip; but, again, this is an area where asking

yourself ‘how would I feel if this happened to me’ is a

good strategy. A classic example of a malicious

rumour occurs when someone is promoted

unexpectedly and rumours of how he/she ‘got the

job’ are spread. (See: Willett v State of Victoria

[2013] VSCA 76.)


6. Don’t make practical jokes or participate in ‘initiation’ of

new workers

• Initiation rites and practical jokes have received media attention over

recent years because the behaviour seems so extreme to those

outside the ‘group’. For example, NSW WorkCover prosecuted a

manufacturer (WorkCover Authority (NSW) (Inspector Maddaford) v

Coleman (2004) [2004] NSWIRComm 317) when a 16-year-old new

apprentice was wrapped in cling wrap during a half-hour ‘initiation

ceremony’ by a group of older colleagues that also included his being

whirled around on a trolley while covered in sawdust and glue, and

having sawdust forced into his mouth as well as a fire hose squirted

into his mouth.


• Note: the health and safety risk in these sorts of activities

are clear; however, the FWC makes the point that the

behaviour in the case referred to above would probably not

meet the definition of bullying in the Fair Work Act because it

was ‘a single incident of short duration’.


7.Don’t exclude workers from work-related events

• Productive workplaces are inclusive ones and excluding certain individuals from work-related events (e.g. social club events) will not create the productive environment you desire. Certain types of workplaces may make this sort of bullying more intolerable than others; for example, the police force and other work environments in which individuals spend long periods working closely with others, often in stressful conditions. (See: Willett v State of Victoria [2013] VSCA 76.)

http://www.austlii.edu.au/au/cases/vic/VSCA/2013/76.html


http://www.austlii.edu.au/au/cases/vic/VSCA/2013/76.html

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• Exclusion from meetings is another obvious example

of this sort of bullying (see: Swaran Lata Kumar and

Macquarie Partnership Lawyers [2005]

NSWIRComm 202) or even excluding an individual

from the work group entirely (see: Dillon v Arnotts

Biscuits Limited (unreported, AIRC, Tolley C, 10

September 1997) Print P4843).


8.Don’t have unreasonable work expectation

• The most obvious examples of unreasonable work expectations include requiring unreasonable hours and amounts of work and refusing to provide assistance. Creating performance management issues about work errors that ‘were so inconsequential as to be almost laughable’ is another example of this sort of bullying. (See: Swaran Lata Kumar and Macquarie Partnership Lawyers [2005] NSWIRComm 202.)


• Note, however, that the Fair Work Act explicitly

excludes ‘reasonable management action

conducted in a reasonable manner’.

WHERE TO GO FOR HELP

• Fair Work Commission 1300 799 675

• www.fwc.gov.au

• Victoria Police

• Unions and industry associations

• Victorian WorkCover Authority

• (03) 9641 1444 or 1800 136 089 (toll free)

• www.vwa.vic.gov.au



http://www.fwc.gov.au/

http://www.vwa.vic.gov.au/

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