Workplace bullying & harassment

Workplace bullying and harassment can cover a number of behaviours and actions. The prevention and regulation of workplace bullying and harassment is mainly covered by occupational health and safety law.

Occupational health and safety law states that an employer has an obligation to, as far as practicable, provide employees with a working environment that is safe and free from risks to the workers health. Workplace bullying and harassment is not consistent with a safe working environment or a working environment that is free from risk.

Bullying is generally defined as repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. It is irrelevant whether the person bullying and harassing you intended to do so.

Bullying and harassment can include obvious and overt behaviours such as:

verbal abuse
assault
spreading rumours about someone
constant name calling
practical jokes
sexual harassment

Behaviour such as violence or damage to property may also constitute criminal offences. If this is the case you should consider reporting the matter to the police.

Bullying and harassment can also be more subtle and include behaviours such as:

constant unjustified criticism or complaints
constant threats to sack or demote
excluding someone from workplace activities
inconsistent and arbitrary enforcement of rules
setting unreasonable timelines
deliberately changing work arrangements in order to inconvenience someone
setting tasks that are unreasonable
excessive scrutiny of work performance
withholding information or tools required to perform work
taking credit for another employees work and failing to acknowledge that employee.

What are my rights in relation to workplace bullying and harassment?

Your rights in relation to workplace bullying or harassment can vary according to a number of factors including the nature of the workplace bullying and harassment and the reason or reasons for the workplace bullying and harassment.

Workplace bullying and harassment may also be covered by discrimination law, general protections under the Fair Work Act 2009, unfair dismissal law, employment contract law and enterprise agreements in the workplace.

Discrimination law

If you are subjected to workplace bullying and harassment because of race, sex age disability or impairment pregnancy family or carer's responsibilities union or industrial activity religion sexual orientation, or employment activity then your workplace bullying and harassment might also constitute discrimination you may be able to take a discrimination claim under state of federal discrimination law. Click here for more information about employment discrimination.

General Protections

If you are subjected to workplace bullying and harassment because you have exercised a workplace right or for a discriminatory reason then you might have a general protections claim under the Fair Work Act 2009. The Fair Work Act 2009 protects your right to make a complaint or inquiry in relation to your employment. This means your employer cannot take adverse action against you for making a complaint or inquiry in relation to workplace bullying or harassment. If you have made a complaint or inquiry about workplace bullying and harassment and the behaviour has continued or increased, or your employer has taken adverse action against you, you might have a general protections claim. Click here for more information about workplace rights and what constitutes a discriminatory reason under the Fair Work Act 2009.

Unfair dismissal law

Sometimes workplace bullying and harassment becomes so bad that an employee has no other option but to resign. This could amount to what some people call a "constructive dismissal." However not all resignations because of workplace bullying and harassment are a constructive dismissal. If you are considering resigning and taking an unfair dismissal claim because of workplace bullying and harassment you should first seek advice. Click here for more information about unfair dismissal.

Employment contracts and enterprise agreements

Some contracts of employment and enterprise agreements contain provisions about occupational heath and safety, workplace bullying or harassment and/or grievance procedures. These instruments might give you rights in addition to those contained in occupational health and safety law. You may be able to use these provisions to your advantage when trying to deal with workplace bullying and harassment.

Workplace injuries

Exposure to workplace bullying and harassment can often cause employees stress, anxiety and depression. If workplace bullying and harassment has caused you to incur medical expenses or caused you to take time off work you might be able to lodge a WorkCover claim. For more information about workplace bullying and harassment WorkCover claims you should contact us on 1800 810 856.

What can I do about workplace bullying and harassment?

Your options for addressing workplace bullying and harassment depend on the nature of the bullying and harassment and the reasons for this. In addition to seeking legal advice, you can also do a number of simple things which may assist. They include:

Keep a diary. Take notes of all the workplace bullying and harassment that happens to you, when it happens and who the perpetrator is.
Be informed. Make sure you have a copy of your contract of employment, enterprise agreement and workplace policies and procedures that deal with occupational health and safety and/or bullying and harassment.
If you are a union member contact your union. Many unions are experienced in dealing with workplace bullying and harassment. If the workplace bullying and harassment is affecting a number of employees there are advantages to addressing it collectively.
Speak to your occupational health and safety representative. Your occupational health and safety representative should be able to give you advice and information about occupational health and safety including workplace bullying and harassment.
Address the situation early. Employees who are subject to workplace bullying and harassment often put the issue to one side and wait before it gets really bad before addressing it. By this time the employee may have already suffered a work related stress injury or continuing in employment might not be a realistic option.
Make a complaint. Employees who make a complaint or inquiry in relation to their employment are protected from adverse action. It is better if the complaint is in writing as this will be easier to use as evidence should the need arise. When writing a complaint stick to the key points and keep the complaint concise. Ten well thought out points can often be more effective that ten pages of writing.
Take care of your health. Your mental and physical health is very important. If workplace bullying and harassment is affecting you make sure you see your doctor about it.
Seek advice. Working out which legal or practical decisions to make can be difficult with workplace bullying and harassment cases.

Remember, time limits apply in making applications so get advice as soon as you can.