Bullying occurs in many workplaces. It can be a threat to physical well being, and it can make life at work a misery. It is therefore a health and safety issue.

Bullying occurs in many workplaces.

It can be a threat to physical well being, and it can make life at work a misery. It is therefore a health and safety issue.

In some instances, bullying has resulted in actual physical injury or health problems due to stress. It has led to serious problems with productivity and effectiveness of organisations.

It is similar in some ways to harassment, which is another form of unacceptable behaviour in the workplace. Generally, bullying is the misuse of the “power” of an individual or group derived from their position, seniority, physical attributes, gender, race or nationality against other people.

Some examples of bullying are:

• Inappropriate and offensive comments about people, their work performance, appearance, dress, etc.
• The setting of unrealistic work targets and excessive surveillance.
• Spreading of rumours about people.
• Inappropriate practical “jokes”.
• Threats of physical violence and actual violence, eg. Against new or young employees.
• Constant humiliation of employees.
• Blocking or delays to employees’ leave, training or promotion.
• Refusal of credit where it is due, or blame when it is not due.
• Exclusion of employees from work-related consultation.
• Deliberate withholding of work-related information.

Fellow workers, supervisors or managers can carry out bullying. Casual employees, part-time workers and those employed on individual contracts or AWAs are generally more vulnerable to bullying because they are less likely to complain.

Union members have a better opportunity to combat bullying because of their better access to assistance and advice, legal or otherwise.

Some of the difficulties in combating bullying are:

• Fear of speaking out because of threat to job or position.
• Some difficulties in being believed and in proving the case.

Australian unions, as well as independent research carried out by the Staffordshire University in the UK (which surveyed many hundreds of workers), indicates that in the vast majority of cases, bullying is carried out by a person in authority while stress and ill-health becomes part of the employee’s daily life.

As well as having a detrimental effect on individuals, workplace bullying adversely affects the organisation. Effects include increased sick leave and absenteeism, loss of morale, lower efficiency and productivity, higher staff turnover, and even media exposure and closing of an organization.

ACTION TO STOP BULLYING

Bullying behaviour should be challenged as early as possible. Some actions employees can take are:

• Collect evidence, eg. Anything in writing, other employees’ statements.
• Keep a diary of incidents, eg. Dates, times, description.
• Seek to have the issue placed on the agenda of the Health and Safety Committee.
• Request the Health and Safety Representative to issue a Provisional Improvement Notice.
• Seek advice from the CPSU.
• Seek counselling or advice from independent employee assistance services.
• Contact the Victorian WorkCover Authority, solicitors or police.
• Contact Equality Officer or Human Resource Manager.

In some cases, confidentiality may be important.

A Health and Safety Representative may include the possibility of bullying in their workplace inspections, taking care to ensure confidentiality where appropriate.

A formal procedure may need to be developed to deal with complaints of bullying.

CONTENTS OF ANTI-BULLYING POLICY/PROCEDURE

The most effective way to stop bullying before it starts it to create a climate of opinion or culture within an organization, which makes it clear to the would-be bully that certain behaviour is out of bounds.

A specific policy intended to prevent or stop bullying should:

• Include a statement of commitment by all levels of management, which defines bullying and makes it clear that it is unacceptable in the organisation.
• Be jointly developed and agreed by management, Health and Safety Representatives, relevant unions and Health and Safety Committee.
• Guarantee confidentiality and rapid resolution of issues.
• Provide for regular monitoring and review.

BULLYING AND THE LAW

Some forms of bullying may constitute assault.

Various forms of bullying may be covered by Health and Safety legislation (where employers have the duty of provide a healthy and safe working environment), anti-discrimination legislation, and Industrial Relations legislation.

Injury or ill-health due to workplace bullying may become the subject of WorkCover claims or common law actions.

Loss of employment (whether dismissal or being forced to resign) and victimisation may be covered by Workplace Relations legislation.

Unions provide advice on these matters through their solicitors. Again, reliable advice should be sought.

THE CPSU

The CPSU has demonstrated its concern on workplace bullying. Advice and model policies should be sought through the ACTU, Trades Hall Council or the CPSU.