The Importance of Understanding and Preventing Workplace Bullying

Akyra was recently asked to investigate a workplace bullying claim.

The client was a referral and through the investigation it became evident that the organisation’s policy was in no way adhered to by anyone – least of all management.

And while the bullying claim was substantiated, it also became clear that the manager in question had no guidance from the organisation’s management as to appropriate management behaviour.

All businesses need to understand and then educate their managers on what bullying / victimisation is or is not. Reasonable management action is definitely not bullying, and employees need to understand that managers have an obligation to manage their workforce.

At the same time, it needs to be understood by all levels of management that workplace bullying is a pervasive issue that affects employees’ well-being, productivity and overall job satisfaction.

As an employer, it is your responsibility to create a safe and respectful work environment. In Australia, specific legislation outlines employer obligations regarding workplace bullying.

In this week’s Akyra blog, we explore these responsibilities and explain how you can foster a positive workplace culture.

What is workplace bullying?

Workplace bullying refers to repeated or a pattern of unreasonable behavior directed towards an employee or a group of employees.

It can take various forms including verbal abuse, intimidation, exclusion and cyberbullying.

The impact of workplace bullying is significant, leading to stress, anxiety and even physical health problems for affected individuals.

The Fair Work Act 2009 is the cornerstone of Australia’s workplace relations system and it explicitly addresses workplace bullying and provides a framework for addressing complaints. Here’s what you need to know.

• Workplace bullying is defined as repeated, unreasonable behavior that creates a risk to health and safety and includes actions that humiliate, intimidate or threaten an employee or group of employees.
• Employees who believe they are being bullied can apply to the Fair Work Commission (FWC) for an order to stop the bullying. The FWC has the authority to issue orders to prevent further bullying.

However, the majority of bullying claims are found to be reasonable management action.

Because employees have not been educated on what reasonable management action looks like, they lodge a claim with the FWC and the employer then has to use time, effort and money to respond to the claim. The business case to educate your workforce is very attractive.

• As an employer, you must take proactive steps to prevent workplace bullying. This includes implementing policies, procedures and training programs to address the possibility that bullying might occur in your workplace. You
• Any workplace bullying complaints that are received should be investigated promptly and appropriate action taken.

The dangers of workplace bullying

Workplace bullying is not just a workplace issue; it is also a serious health and safety hazard.

All employers and their management have a duty of care to protect their employees’ physical and mental well-being. Here are some examples of how you can fulfill these obligations.

• Regularly assess workplace risks, including psychosocial risks like bullying. When potential hazards are identified, you should take preventive measures to mitigate the chance that bullying will occur in your workplace.
• You should implement control measures to minimise the risk of bullying – e.g. clear communication channels, conflict resolution processes and anti-bullying policies.
• An additional step is to provide information, training and awareness so employees and managers can recognise and prevent workplace bullying. This training will also foster a culture of respect and inclusivity.

Worker compensation

If workplace bullying leads to physical or psychological injury, affected employees may be entitled to workers’ compensation. Steps for employers and management include:

• You should encourage employees to report incidents promptly and then maintain accurate records of complaints and investigations.
• Any bullying reports should be acted on promptly and investigated to determine their veracity and, at the same time, treating the matter seriously and confidentially.
• It’s also important to be neutral, supportive, communicative and transparent throughout the investigation.
• If the matter is serious or involves senior management, it might pay to consider an independent external investigator.
• As an employer, you are obligated to provide support to affected employees, including access to counselling or other resources and facilitate their return to work after recovery.