Bullying And Sexual Harassment

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Bullying

A number of specific behaviours are unlawful in the workplace, including bullying, discrimination and sexual harassment. Other behaviours may be limited or defined by the employer such as excessive personal use of email and the internet during working hours or certain content on social media.

What is bullying at work?

Bullying at work occurs when:

• A person or a group of people REPEATEDLY behaves unreasonably towards a worker or a group of workers at work

AND

• The behaviour creates A RISK TO HEALTH AND SAFETY.

Bullying does not include reasonable management action carried out in a reasonable manner.

Bullying behaviour may involve, for example, any of the following types of behaviour:

• Aggressive or intimidating conduct
• Belittling or humiliating comments
• Spreading malicious rumours
• Teasing, practical jokes or ‘initiation ceremonies’
• Exclusion from work-related events
• Unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level
• Displaying offensive material
• Pressure to behave in an inappropriate manner.

However, in order for it to be bullying the behaviour must be repeated and unreasonable and must create a risk to health and safety.

What is Reasonable Management Action?

Reasonable management action carried out in a reasonable manner does not constitute bullying.

Reasonable management action may include:

• Performance management processes
• Disciplinary action for misconduct
• Informing a worker about unsatisfactory work performance or inappropriate work behaviour
• Asking a worker to perform reasonable duties in keeping with their job
• Maintaining reasonable workplace goals and standards.

However, these actions must be conducted in a reasonable manner. If they are not, they could still be bullying.

If you are an employer, we can advise you on appropriate policies for the above as well as health and safety policies or any relevant industry specific policies. We will also advise you on appropriate processes for dealing with complaints.

If you are an employee, we will explain your rights and obligations under the law and your employment agreement and help you make a complaint or defend yourself against a complaint that has been made against you.

Contact Us today on 1300 880 363 to arrange a consultation with one of our experienced lawyers.