Workplace bullying

Blake Dawson March 5 2010

A recent decision in Victoria highlights the importance of having adequate systems in place to prevent, and address, bullying in the workplace. The decision also reinforces the importance of the release mid last year of new guidelines in New South Wales and Victoria in relation to workplace bullying.

On 8 February 2010, a Melbourne Magistrate handed down fines totalling $335,000 in relation to proceedings commenced by WorkSafe Victoria in relation to persistent bullying by co-workers of a 19 year old employee at the café at which she was employed. An earlier inquest by the Coroner found that the employee committed suicide after such bullying.

Prosecutions were commenced against the company that owned the café, its director and three other co-workers. The fines imposed against individuals totalled $115,000.

Occupational health and safety laws require employers to provide a safe, risk free working environment. This includes taking measures to prevent and address workplace bullying.

Guidelines on workplace bullying

In 2009, WorkSafe Victoria and WorkCover New South Wales issued guidelines on workplace bullying entitled Preventing and Responding to Bullying at Work. Bullying, for the purposes of these guidelines, is considered to be repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.

These new guidelines replace earlier publications released in 2005 in relation to bullying in the workplace and provide guidance on:

the types of behaviour that can constitute bullying;

risk management strategies that employers should utilise in order to identify, assess and control bullying in the workplace; and

how employers should respond to bullying in the workplace if it is detected.

The guidelines also include a number of tools for employers, such as a bullying risk indicator and employer checklist.

The recent approach of courts demonstrates that employers (and directors) must take steps to prevent bullying in the workplace. A failure to do so can attract criminal convictions and significant financial penalties.

Lessons for employers

Employers should ensure that they have an up to date policy in place which deals with bullying in the workplace. Such a policy should be developed in consultation with employees, have regard to the new guidelines and be properly implemented in the workplace.

Where bullying is identified, employers must take timely and appropriate action to ensure such conduct is properly addressed and prevented from recurring.