Bullying has received a lot of media attention in recent months. Whilst many will think to the school yard when the issue of bullying is raised it is also a very important issue in the workplace.
What is it?
Workplace bullying or harassment is often described as the repeated less favourable treatment of a person from another or others in a workplace. It comes in a variety of forms ranging from the more confronting types of bullying such as physical and verbal intimidation to more subtle types of workplace harassment such as exclusions or the imposition of unmanageable tasks or work expectations on employees.
What does it cost?
In all of its forms workplace bullying and harassment represents a huge cost to Australian business -from a loss of productivity, to increased absenteeism, to greater levels of staff turnover to psychological l injuries to workers. It has been reported that up to 2.5 million Australians will experience some form of bullying over the course of their working lives. The Productivity Commission estimates that the annual cost to employers is around $10 billion.
The Legal Response
Occupational health and safety is a highly regulated area of law with workplace bullying being an area of major concern in recent years. Regulators in most jurisdictions have stepped up their investigations into claims of workplace bullying and intimidation. For example, Workplace Health & Safety Queensland had recently formed a 'psychological' unit specifically to investigate bullying claims (the Workplace Investigations Unit). There has also been a greater level of public awareness and media interest in this area. A recent tragic example was the widespread reporting of a finding of a Victorian coroner that a young waitress had committed suicide following sustained workplace bullying.
As an Employer what are my responsibilities?
It is a requirement of the Workplace Health & Safety Act (Qld) that employers provide employees with a safe workplace. This extends to an obligation to protect employees from acts of violence and harassment from others. Employers should be aware of the concept of vicarious liability – they may be held liable for the actions of their employees (e.g. managers). Employers may also be liable for workplace bullying and harassment which has arisen from their failure to take appropriate action to resolve a situation – so clearly turning a blind eye to workplace bullying will be recipe for disaster for employers.
So What Should I do?
All employers would be well advised to have a strong and transparent workplace harassment policy (preferably a written policy). This policy should be implemented at all levels of the workplace or business through regular training so that there can be no misunderstanding as to what is acceptable workplace behaviour at your workplace. Employees should be made aware of their rights and encouraged to report instances of workplace bullying immediately. It is important that a person who is subjected to workplace bullying is assured that it is unacceptable behaviour and should not be tolerated. A complaint of workplace bullying should be treated seriously and investigated. Employers should be prepared to take disciplinary action against offending employers if need be so as to send a clear message that workplace bullying will not be tolerated in the workplace.
Is this really a Big Deal for my Business or more political correctness?
Some employers may feel that the cost of staff training and monitoring in relation to workplace bullying and harassment represents an added burden to business. The reality is however that workplace bullying has the potential to cripple a business. Whilst a loss of productivity has been touched upon above, there could be far more serious consequences arising from a claim of workplace bullying for an employer including but not limited to:
- Increases in WorkCover premiums – either through stress claims, or accidents directly related to stress and anxiety levels;
- Possible criminal action being taken in the case of physical injury or threat of physical injury;
- Possible discrimination claims being lodged should bullying be proven to be related to a person's status eg age, marital status, pregnancy;
- Industrial disputes or incidents; &
- Possible Legal Action – common law cases are setting precedents for workplace harassment to be dealt with under contract and personal injury claims. Some cases have resulted in significant compensation payments.
Prevention is better than cure
All workplaces – irrespective of shape and size - need to take the issue of workplace bullying and harassment very seriously. A failure to implement practices and policies which promote a safe workplace for all employees has the potential to expose a business to disruption and financial pain. Whilst no workplace can be made immune to claims of bullying, all employers should as a minimum develop and promote a well thought out workplace harassment policy which leaves employees with no doubt as to what is, and what is not, acceptable behaviour in the workplace. A failure to do so could be terminal for any business.
Graham Dutton
Williams Graham Carman
