WORKPLACE bullying and violence are increasing as issues in the courts and becoming more of a concern to employers.
WORKPLACE bullying and violence are increasing as issues in the courts and becoming more of a concern to employers.
The increasing prominence of these issues is being compared to the rise in awareness of sexual harassment legislation about 15 years ago.
There is no legal definition of workplace bullying, nor is there any specific legislation relating to it, however suits alleging workplace bullying have been brought through common law, negligence and breach-of-contract actions.
To help clear up some of the ambiguities surrounding the topic, WorkSafe launched a publication Dealing with Workplace Bullying – A Guide for Employers in January.
The publication provides some guidance but it should be noted that the guidelines are not legally binding.
Workplace bullying can include things such as undermining a worker’s professional ability in front of other staff, creating extra work or disrupting an employee’s ability to work, and isolating staff.
WorkSafe also released a code of practice on workplace violence to help employers comply with their occupational safety and health obligations.
It lists workplaces such as hospitals, community homes for people with intellectual disabilities, aged care facilities, schools, areas where cash, drugs or merchandise are handled and areas where people work on their own in the community, including taxi drivers, bus drivers or real estate agents.
Blake Dawson Waldron senior counsel Marie-Claire Foley told a recent breakfast seminar that employers had a duty to do everything practicable to ensure workers were not exposed to violence.
WorkSafe director of education and policy Gail McGowan said the number of workplace bullying complaints quadrupled for the 12 months to September 2002.
She said part of that was the fact that workplaces had changed.
“People have also become more aware of the issue,” Ms McGowan said.
One of the highest profile workplace bullying cases, which involved the former Anti Corruption Commission, emanated from a complaint dealt with by WorkSafe.
Gadens Lawyers workplace relations solicitor Brian Jackson said litigation surrounding allegations of workplace bullying were starting to increase.
Mr Jackson said if the bullying was aimed at a person’s gender, the business could be exposed to sexual discrimination actions for not preventing it.
Ms Foley said organisations could put in place processes to help prevent workplace bullying.
She said the first step involved gaining senior management support to progress the issue.
The second step involves collecting information. From that an organisation can identify and manage the risk factors.
The fourth step involves developing a plan that includes: a no bullying policy; formal appointment of contact and grievance officers; processes to receive and investigate complaints; and a process for monitoring the effectiveness of actions taken. The fifth step was to inform, instruct and train staff.
