Australia has Occupational Health and Safety legislation that protects workers and others at work from risks to their health, safety and welfare. The legislation places a duty of care on the employer to identify hazards in the workplace and eliminate or control the risks.

Each state and territory has its own specific legislation but the intent of the legislation is the same. In NSW OHS Act 2000 (Section 8) states the employer has an obligation to provide a safe and healthy workplace. As bullying may affect a person's health, the employer should take measures to ensure bullying does not occur or if it does, that it be stopped quickly. If WorkCover investigate an incident or series of incidents following the receipt of a complaint, the investigation may result in fines or even imprisonment.

Employers may be found in breach of the anti discrimination or harassment laws. Employers may also be found liable under Common Law if a worker is a victim of bullying at work, which resulted in physical or psychological injury. Also if a worker is dismissed or forced to resign because of bullying, the employee can lodge an unfair dismissal claim in the industrial court.

What choices or courses of action do victims of bullying have?

There’s nothing wrong with choosing to be passive over minor or rare occurrences, but don’t let anyone treat you with disrespect for long. Ignoring the mistreatment will not make it go away. You have to decide what you will and won’t accept. You can resign, request a transfer or make a complaint.

As a target of bullying what should I consider before undertaking any action?

Especially in cases where the bully is in a senior position you may find that co-workers, human resources staff and management will not help you and will side with the bully. Try as far as possible to evaluate your chances of receiving fair treatment before commencing action. It is reasonable to expect that your grievance would be investigated and dealt with fairly and equitably however there is a considerable body of evidence suggesting that this expectation is not always fulfilled.

What information and/or supporting evidence should I gather before I take action?

Items that can be helpful can include:

• A diary detailing the nature of bullying including dates, times, places, what was said or done and who was present.
• Copies of harassing / bullying paperwork.
• Depending on the individual circumstance copies of documents that contradict the bullies accusations against you eg - time sheets, audit reports, sales reports, client feedback etc.

It is advisable to keep these items at home rather than at the workplace and it is also advisable to ensure that your employers confidentially and privacy requirements are not breached.

Should I try to resolve the problem with the bully before I officially report the problem?

It may be worth having a meeting with the person to calmly express the concerns you have over their behaviour to you. You should only do this if you feel up to it and feel safe to be alone with the bully during the meeting. If this is not the case but you still want to try and resolve it this way, have someone accompany you or be waiting in near vicinity.

If during the meeting the person becomes abusive or offensive, terminate the meeting immediately. As soon as possible after the meeting write down what was said. Record the time and date, the bully’s attitude towards you – what his/her actions or expressions were, record how you felt during and following the conversation.

Who should I officially report the problem to first?

You should report it to your immediate supervisor or a manager that is responsible for your area of work.

What response should I expect when I first report it?

You should expect to receive some kind of a response within 48 hours. This is preferably in a written form i.e. memo or email but may be a telephone call. The supervisor should inform you of what the next step is, which is usually an interview between yourself and the supervisor or manager.

What can I expect in an interview with my manager?

It is important that you are prepared prior to the interview. Go through your paperwork and know where you have items located. Have copies already done (be sure you retain the originals). Consider practicing what you are going to say at home before the interview. Take a support person with you such as a union delegate or an OHS representative.

You should be clear in what you want to achieve e.g. the behaviour and unfair treatment to cease, an apology or to be granted your fair entitlements in regard to your employment. You should report to the manager or supervisor details of any relevant events or behaviour. The manager or supervisor should then interview the accused person.

A meeting may follow this with all the parties together with the aim to come to some resolution. Again it is advisable for the victim to be accompanied by an advocate. A decision in regard to resolving the matter should be made at the meeting or shortly afterwards.

What if I am not happy with the decision my manager makes following my report?

Your company policy manual should have a Grievance Procedure or an Internal Complaint Procedure. If this does not exist talk to the Human Resource Department or the Personnel Officer about what action you should follow. If you do not get any assistance (from inside the organisation) in lodging the complaint and having the matter dealt with you can contact ACTU Workers Helpline (1300 362 223) for assistance.

What if the bully tries to confront me after I lodge a complaint?

Refuse to speak to the bully unless you have a witness (usually a union delegate or an OHS representative). If he/she insists in discussing the matter then and there with no witness, directly following the conversation record the conversation. Record the time and date, the bully’s attitude towards you – what his/her actions or expressions were, record how you felt during and following the conversation.

What if the bully is my boss?

If you cannot confront him/her, make your complaint to someone else in the organisation. Other people inside your organisation you can report it are a manager higher up than the one you are making the complaint about, your OHS representative/committee member, the union delegate or human resource manager. The ACTU Workers Helpline (1300 362 223) can assist in answering your questions about what actions can be taken.

More information on the topic of workplace bullying

UnionSafe

ACTU

Bully On Line