Dealing with Workplace Bullying in Australia – Your Rights
As an employee, it is your right to work in an environment that is free from bullying and harassment. Workplace bullying is a common issue that affects many workers in Australia. If you are experiencing bullying in the workplace, it is important to know that you have legal options available to you. In this article, we will take a closer look at your rights as an employee and the legal options you can explore for dealing with workplace bullying in Australia. We will discuss what constitutes workplace bullying, the impact it can have on your mental health and job performance, and the steps you can take to protect yourself. By understanding your rights and legal options, you can take action to put an end to workplace bullying and create a safer and more positive work environment for yourself and your colleagues.
Table of Contents
Types of Workplace Bullying
Workplace bullying can take many forms, and it can be difficult to identify when it’s happening. It can be physical, verbal, or psychological, and it can be overt or subtle. Some common examples of workplace bullying include:
Verbal Abuse
Common form of workplace bullying. It can involve shouting, name-calling, ridicule, or other forms of belittlement. Verbal abuse can be extremely damaging to an individual’s self-esteem and can cause significant emotional distress.
Physical Harassment
Physical harassment is when an employee is physically assaulted or threatened in the workplace. This can include pushing, hitting, or other forms of physical violence. Physical harassment can be very dangerous and can cause physical injury as well as emotional trauma.
Psychological Bullying
Can be more difficult to identify than other forms of workplace bullying. It can involve manipulation, intimidation, isolation, or other forms of psychological abuse. Psychological bullying can have a significant impact on an individual’s mental health and can cause anxiety, depression, and other mental health issues.
The Impact of Workplace Bullying
The impact of workplace bullying can be significant, both for the employee who experiences it and for the business. Workplace bullying can lead to emotional distress, anxiety, depression, and physical harm. It can also cause employees to lose confidence and self-esteem, impacting their ability to perform their job effectively.
The firm’s reputation within the industry can suffer severe damage, making it challenging to attract new business opportunities and partnerships. The financial repercussions are equally concerning, with potential legal costs, decreased productivity, and increased absenteeism all contributing to monetary losses. Also, the company’s ability to recruit and retain top tier talent becomes compromised, as word spreads about the hostile work environment.
It is crucial for businesses to recognise the impact of workplace bullying and take steps to prevent it. Employers have a duty of care and are obligated to identify, assess and eliminate bullying and harassment in the workplace. Ensuring policies and procedures are current and easily accessible, education and training provided in reporting and handling incidents of bullying and support and counselling for victims.
By creating a positive workplace culture where employees feel safe and valued they are more likely to perform to their full potential, strive for career growth and progression, foster strong workplace relationships and enjoy a healthy work life balance.
Legislation Against Workplace Bullying in Australia
In Australia, workplace bullying is illegal and is covered under the Fair Work Act 2009. The Fair Work Act defines workplace bullying as repeated and unreasonable behavior that creates a risk to health and safety. The Act also outlines the legal responsibilities of employers to prevent workplace bullying and respond appropriately when it occurs.
Under the Fair Work Act, employees who experience workplace bullying can make a complaint to the Fair Work Commission. The Commission has the power to order the employer to take action to prevent further bullying and provide compensation to the employee who experienced it. The Commission can also order the employer to provide training to employees and managers to prevent workplace bullying.
Steps to Take if You Are Being Bullied at Work
If you are being bullied at work, there are steps you can take to protect yourself and put an end to the bullying.
Documenting the Bullying Incidents
It is important to document the bullying incidents as they occur. Keep a record of the time, date, and location of each incident, as well as what was said or done. This will help to provide evidence of the bullying if you need to make a complaint to your employer or the FWC.
Reporting the Bullying to Your Employer
If you are being bullied at work, it is important to report it to your employer. Your employer has a duty of care to provide a safe workplace, and they have an obligation to investigate your complaint and take steps to stop the bullying from continuing.
Making a Complaint to the Fair Work Commission
If your employer is unable or unwilling to address the bullying, you can lodge a Stop Bullying application in the Fair Work Commission The FWC will investigate your complaint and hold a conference with both parties and make orders to stop the bullying from continuing.
Seeking Legal Advice
If you are experiencing workplace bullying, it is important to seek legal advice. An industrial advocate such as Workclaims Australia can help you to understand your legal rights and options and can provide you with guidance on the best course of action to take.
Workplace Bullying Case Studies
Naomi’s sales manager made rude remarks to her that Naomi felt were designed to embarrass her. He asked her personal questions and teased her when she looked uncomfortable.
Her manager was careful not to act in this way in front of other people that outranked him, and he rarely intimidated her when others were around. The company had no formal procedure in place for managing this type of complaint, so Naomi sought expert advice.
National anti-bullying laws meant Naomi was protected and could apply for an order for the bullying to stop. A settlement was negotiated, and Naomi was awarded damages by the company, and they were required to adopt clear policies.
Act against Workplace Bullying
Acting against workplace bullying is important for your mental health and career success. By understanding your legal rights and options, you can take steps to protect yourself and create a safer and more positive work environment.
Remember to document any incidents of bullying, report it to your employer, and seek legal advice if necessary. Together, we can put an end to workplace bullying and create a workplace that is safe and supportive for everyone.