What is Bullying?

A wide range of behaviour can be identified as bullying. This includes aggressive or intimidating conduct, belittling or humiliating comments, victimisation, spreading malicious rumours, practical jokes or initiation, exclusion from work-related events and unreasonable work expectations. This may take place in the workplace. It may occur off-site or by the use of social media.

What is the effect of Bullying?

The Safe Work Australia Code of Practice “Preventing and Responding to Workplace Bullying” notes that typical effects of workplace bullying include:

• Distress, anxiety, panic attacks or sleep disturbance.
• Physical illness, such as muscular tension, headaches and digestive problems.
• Reduced work performance.
• Loss of self-esteem, and feelings of isolation.
• Deteriorating relationships with colleagues, family and friends.
• Depression.
• Thoughts of suicide.

Legal obligations

Workplace Health and Safety legislation imposes a primary duty on employers to ensure, as far as possible, that workers and other persons are not exposed to health and safety risks. This includes any risks to the mental health of a person. The duty extends throughout the business from the directors to the workers themselves. There is a duty to provide a safe working environment, to monitor the health and safety of workers and to provide appropriate training, instruction and supervision. The legislation provides substantial penalties for breaches. If bullying occurs in a workplace, this may be a risk to health and safety and may lead to prosecution of the employer.

A breach may also lead to costly common law proceedings for damages by people who suffer physical or mental injury as a result of the breach.

The Fair Work Commission may issue “stop bullying” orders if it finds that workplace bullying has occurred.