What is Workplace Bullying?
Bullying can happen in person or online, via various digital platforms and devices and can be obvious (overt) or hidden (covert). Under the Fair Work Act 2009 (Cwlth) workplace bullying is defined as repeated unreasonable behaviour directed towards a person or group of people that creates a risk to health and safety which makes another person feel intimidated stressed or unsafe. Bullying of any form or for any reason can have immediate, medium, and long hyphenated term effects on those involved, including bystanders. The behaviour whether intentional or unintentional is defined as ‘verbal, physical, social or psychological abuse’ directed at anyone who spends time in a workplace in a capacity which assists that workplace. This can include permanent and casual employees, apprentices, interns, volunteers, work experience students and visitors.
Occupational Health and Safety Laws outline an employer’s legal onus of ensuring the health, safety and welfare of workers is protected. Failure by employers to respond to a workplace complaint of bullying and harassment within a correct and timely manner may result in Enforceable Orders from the Fair Work Commission.
A worker who perceives they are being bullied at work may apply for a Stop Bullying Order to force the employer and/or accused person to remedy the situation or face significant financial penalties through the Fair Work Commission. Before issuing a Stop Bullying Order, the FWC must take into consideration any investigation currently been undertaken by the employer and the outcome of such investigation.
Employers need to ensure that their performance management processes are fair and reasonable and should have robust policies and training in place to address both formal and informal complaints of bullying in the workplace. Engagement of an external misconduct investigation specialist company, depending on the seriousness and complexity of the complaint, may be the most appropriate response in providing a timely cost-effective and thorough service.
WHAT IS NOT WORKPLACE BULLYING?
Dissatisfaction or grievances with organisational and management practices or poor management practices on their own, are not workplace bullying. At times people may feel that their working life is unpleasant and that they are being inappropriately treated; but feeling upset or undervalued at work does not mean an individual is being bullied at work. Reasonable management action such as performance management process, disciplinary action for misconduct, informing an employee about unsatisfactory workplace performance or inappropriate workplace behaviour, asking an employee to perform reasonable duties in keeping with their job and maintaining reasonable workplace goals and standards provided they are carried out in a reasonable manner is also not considered to be bullying.
WHY DO PEOPLE BULLY?
There are different reasons why people bully, including: wanting to dominate others and improve their social status; having low self-esteem; having a lack of remorse or failing to recognise their behaviour as a problem; feeling angry or frustrated; struggling socially; and/or being the victim of bullying themselves.