Many people working in Australia are used to an egalitarian and relaxed workplace environment. In fact, everyone has the right to a safe workplace free from bullying.

However, workplace bullying is not uncommon.

This article will help you understand what workplace bullying is, and the steps you should take when it occurs.

What is workplace bullying?

Workplace bullying refers to repeated unreasonable behaviour by an individual or group towards you or other employees. In addition, such repeated behaviour typically poses a risk to the health and safety of employees.

Workplace bullying includes verbal, physical or psychological abuse. It may also involve humiliating an employee in a direct or indirect manner.

For example, direct workplace bullying includes:

threatening to harm other employees;

insulting language: rude or offensive language;

violent conduct: violent behaviour; or

public humiliation.

On the other hand, indirect workplace bullying includes:

deliberately excluding an employee from workplace activities;

spreading malicious rumours about other employees; or

deliberately withholding information or other resources from an employee.

The Fair Work Act defines workplace bullying as repeated behaviour. However, it should be noted that an isolated incident of bullying can quickly escalate into repeated workplace bullying.

Other forms of workplace bullying include:

discrimination based on an employee’s race, gender, age, physical and mental ability, religion and sexual orientation; and

sexual harassment, including making unwelcome sexual advances or requests for sexual favours.

What should an employer do?

As an employer, you have a responsibility to maintain a workplace that is free from bullying and harassment. In addition, workplace health and safety legislation requires you to take measures to ensure the health, safety and welfare of everyone working for your business.

Therefore, when addressing workplace bullying, you must consider the following steps.

1. Informal resolution

First, it is important to consider whether it is appropriate for your employee to attempt an informal resolution with the person directly involved. This resolution involves approaching the person and telling them how their behaviour has affected other employees. Most importantly, the aim of informal resolution is for both employees to work together towards a solution.

However, informal resolution may not be appropriate in every situation. For example, your employee may feel uncomfortable approaching the person carrying out the bullying. In this case, if your employee’s complaint relates to their direct supervisor, you should encourage your employee to speak with their manager or another senior person.

In addition, collect the details of the bullying complaint in writing and have your employee document it. The following information are all good examples to record:

a description of the allegations;

the time and date the incident occurred; and

the names of people who may have witnessed the bullying.

It is equally important that you provide support and assistance to all employees involved in bullying incidents. This includes:

the individual or group being bullied;

witnesses to the bullying incident; and

other bystanders.

By responding to workplace bullying promptly and appropriately, you can prevent the situation from happening again. In addition, taking action as an employer lets your employees know that you will not tolerate bullying in the workplace. At this point, you should consider training other managers to act quickly on workplace bullying issues. You may also encourage them to discuss the matter with senior management when appropriate.

2. Commencing an investigation

If you cannot resolve a bullying complaint informally, you may decide to conduct a workplace investigation. A workplace investigation allows you to further understand, document and assess the complaint. As an employer, if you fail to follow up on a workplace bullying complaint, you may face serious consequences from a Fair Work Commission investigation. This can happen if your employee lodges a stop bullying application with the Commission.

Ultimately, an investigation aims to analyse the circumstances in which the bullying occurred. The investigation process generally involves interviewing the following people:

the complainant;

the person accused; and

other relevant witnesses.

As part of a formal investigation into workplace bullying, you should appoint an experienced internal or external person to report on the matter. This person could be an experienced HR manager or an employment lawyer. Ultimately, the investigator should:

define the scope of the investigation by describing the allegations of workplace bullying;

set the investigation procedure, including who you need to speak with; and

provide recommendations for the action required to resolve the matter.

Ideally, the investigator should record the findings in a report, which should:

set out the facts relating to the bullying;

balance those facts against the applicable law; and

assess whether the bullying incident can be substantiated, or whether the evidence is inconclusive.

The report should also include recommendations on how to address the workplace bullying. This may include taking disciplinary action or providing further training to employees. You may also consider implementing a zero-tolerance policy on bullying in your workplace.

3. Implementing the recommended actions

Once the investigation is complete and the final report has been received, you must consider and act on the report’s recommendations. At an organisational level, these recommendations may include:

running training sessions on communication skills and conflict management;

ongoing monitoring of affected employees or employee groups;

assessing your workplace policies after consulting with employees; and

reviewing your workplace procedures relating to bullying.

At an individual level, the recommendations may further include:

requesting an apology from the person carrying out the bullying;

offering mediation or other avenues for resolving disputes for the parties involved;

providing counselling for affected employees; and

taking disciplinary action under workplace relations law.

In addition, workplace bullying prevention also involves meeting regularly with employees. Moreover, by maintaining consistent and appropriate communication with employees, you can create a safe workplace free from bullying.

Conclusion

In short, workplace bullying refers to repeated unreasonable behaviour by an individual or group towards another employee that poses a risk to the employee’s health and safety.

When addressing workplace bullying, you should:

act immediately;

conduct an investigation into the matter; and

implement the recommendations from the investigation.

If you would like to know more about how to address workplace bullying, our experienced employment lawyers can help.