Harassment and Bullying:

Bullying and harassment can take many forms, and often those who are perpetrating the act of harassment or bullying may not even know that what they are doing is offensive or has a negative effect on others. Employers have an interest in preventing a culture of bullying from developing within their workplace because this will not only be harmful to their employee’s wellbeing, but also impact on the business productivity in the long run. With bullying and harassment in the workplace, everybody is a loser.

It is important to note that if a workplace exists that is psychologically unsafe for the employee, the employer has likely breached his duty of care to his employee. Moreover, the employer does not have to be aware of the unsafe nature of the workplace environment. This means that he needs to be proactive in ensuring that his duties are satisfied under the Act.

This creates an important liability for the employer. Any employer should therefore have devices and mechanisms in place that satisfy his duties under the Act, such as appropriate policies and controls, and a regular review of business practice in respect to workplace health and safety. Navado has had experience in drafting such policies and advising on the operational mechanisms which aim to discharge employers’ workplace duties as well as advising employers on their liability when a claim is made against them by an employee.

As an employee, you have certain rights at work. One of those rights is to be free from any form of harassment and bullying. If your harassment is of a specifically sexual nature, please see that relevant section on the Navado website for more information.

Some examples of bullying may include the following: unfair or unjustified criticisms; the deliberate exclusion or ostracision of an employee from workplace or team activities, services or resources; hampering the employee’s ability to perform required tasks; demanding the completion of tasks that are unreasonably above or below the employee’s ability; setting unrealistic or unreasonable benchmarks; excessive job scrutiny. Other general matters that can constitute bullying can be verbal abuse or belittling and intimidating conduct, spreading rumours and gossip about a co-worker, and interfering with another person’s personal property.

It should nevertheless be noted that the question whether something constitutes bullying or harassment will be a heavily evidenced based exercise. Some forms of conduct, such as the requirement to adhere to a tight deadline or be subject to regular and close managerial oversight, may be justified in light of the specific work environment or task that needs to be completed. This means that some issues that an employee may consider to be ordinarily bullying may in fact be excusable under certain circumstances.

Navado has represented clients in the area of bullying in the past and can assist you in your inquiry or problem. If you need assistance in this area, you will need to speak an employment lawyer at Navado. Contact our firm on (02) 9233 4048 or send an email to info@navado.com.au to book an appointment.