There has been a significant rise in reports of bullying in Australian workplaces in recent years. This may be due to an increase in bullying behaviours or an increase in awareness and willingness to attempt to do something about it but regardless it is clearly an unpleasant fact of life for many workers. A number of landmark cases where victims of bullying have successfully pursued legal action have also bought attention to this ugly, destructive and often hidden behaviour.

Bullying at work places the victim’s health, safety and welfare at risk as well as hampering productivity by creating dysfunction within workplaces. In spite of this bullying is widespread at work. A survey by the UK public sector union, UNISON revealed that 66% of the respondents had experienced or witnessed bullying. 34% of those bullied reported that it had gone on for more than three years. In over 80% of cases, the bully was a manager. In almost all cases senior management knew what was going on but did nothing about it. Recent Australian data indicates that more than 70% of people will be subject to bullying at some time in their working lives.

Bullying leads to stress and then to illness and behavioural problems if prolonged. A very high proportion of people subjected to bullying change their job as a result. The most vulnerable groups include women, young people and those in precarious employment although almost anybody may end up being victimised. While a range of published resources adopts differing approaches to the issue they all agree that it is a problem that results in enormous human suffering and economic loss.



The four main elements of bullying are:

1. It is a workplace conflict
2. It is enduring and repeated
3. It is inappropriate and possibly aggressive
4. It results in physical and/or psychological distress.

Under the Victorian Occupational Health and Safety Act workplace bullying is defined as:

“Repeated, unreasonable behaviour directed toward an employee, or group of employees, that creates a risk to health and safety.”

Bullying can take many forms:

• Direct verbal and physical threats.
• Unfair use of disciplinary and assessment procedures.
• Blocking access to promotion, training, overtime, etc.
• Setting impossible deadlines and targets.
• Withholding information essential to do the job properly.
• Excessively tight supervision.
• Public humiliation including being shouted at.
• Persistent and undue criticism including inaccurate accusations about quality of work.
• Undermining responsibility.
• Abusive references to age, sex, race, disability or other personal characteristics.
• Spreading malicious rumors.
• Physical isolation from other workers.

There is no specific legislation on bullying. However one of the objectives of the NSW Occupational Health and Safety Act 2000 imposes a general duty on employers to protect the health, safety and welfare of their employees. This includes psychological, as well as physical wellbeing. Part 1 sec 3c of the Act also obliges employers to "promote a safe and healthy environment for people at work that protects them from injury and illness and that is adapted to their physiological and psychological needs." The OHS Regulation 2001 causes employers to identify hazards arising from "the potential for workplace violence", among other things (Chap.2 clause 9 (2 j)).

Some state governments have produced guidelines on bullying at work and other legislation may be useful. Increasingly, workers are using common law to sue their harassers.

The WorkCover NSW Guide to Violence in the Workplace includes verbal and emotional abuse or threats, ganging up, bullying and intimidation.

Anti-bullying policies

Employers should develop a Code Of Acceptable Behaviour and a Bullying Policy. The policy should be negotiated in consultation with health and safety committees, unions and workers. The policy should include:

• A statement of commitment against bullying.
• Acknowledgement that it is a problem for the organisation.
• A statement that it will not be tolerated and may be treated as a disciplinary offence.
• Examples of unacceptable behaviour.
• Steps to be taken to prevent bullying.
• Responsibilities of supervisors and managers.
• Confidentiality of complaints.
• Reference to investigative, grievance and disciplinary procedures with timetables for action.
• Protection of complainants from victimisation.
• Provision of counselling.
• Training for managers.
• How the policy is to be implemented, reviewed and monitored.

Health and safety representatives have a central role in curbing bullying at work by:

• Raising awareness and providing education.
• Supporting members who are being bullied.
• Negotiating anti-bullying policies with management.
• Organising union action over bullying.

Safety representatives can provide education on bullying in a number of ways:

• Providing leaflets, feature articles and posters. Many unions now provide these materials for their members.
• Organising meetings to discuss the topic, perhaps with an invited speaker, and to draw up a union policy.
• Conducting a survey of the incidence of bullying.

Some workers blame themselves for being bullied, developing feelings of guilt and inadequacy about their performance rather than identifying the bully as the cause of the problem. This factor should be taken into account in developing an education program. Surveys should be strictly confidential and the results should be published. They work best as part of a broader plan of raising the issue with the management.

Action workers can take:

• Try talking to the person who is displaying the bullying behaviour and explain that the behaviour is unfair or offensive. Only do this is if it is safe to do so. Consider having a support person present when doing this.
  
  
• It is important to keep a diary to record tangible examples of incidents. Keep any related correspondence.
  
  
• Submit an Incident Report to work and or
  
  
• Raise the issue with management verbally and also via a letter or email.
  
  
• If no resolution at this stage consider having the matter dealt with via the grievance procedure - if your organisation has one.
  
  
• Obtain medical assistance from a GP if unable to attend work.
  
  
• Consider taking workers compensation.

Other options for workers:

If the matter has not been dealt with satisfactorily within the organisation, the worker can choose to follow up the problem with an outside authority. These organisations can assist:

ACTU Workers Helpline: 1300 362 223

NSW Anti-Discrimination Board: 1800 670 812

Report serious incidents to WorkCover NSW: 13 10 50

Organising union action

The union should not leave it entirely to the employer to deal with bullying but should be prepared to take action independently.

Union delegates and/or Health and Safety Representatives should:

• Ensure that instances of bullying are brought to the attention of members, if the victim agrees. Publicity can be a powerful deterrent. In the final analysis, if other methods have failed, members can choose to take action to defend a colleague.
  
  
• Inform their fulltime official if there is a likelihood of proceedings or a dispute. A timely intervention from outside the organisation can be effective.
  
  
• Ensure that members are properly advised if they need to draw upon union legal or other services and that any internal union procedures are properly carried out.

Union delegates or organisers can assist in obtaining a resolution in the workplace by working closely with the affected worker/s.

This can be done by following these steps:

• Get details of incidents, ask employee/s what records they have kept
• Determine if there are witnesses
• Ensure grievance procedures are being followed
• Review progress of grievance
• Ensure the matter is reported to the workplace OHS representative or committee
• Mediate with involved parties if necessary
• Arrange for counselling for the affected worker/s
• Encourage worker/s to make a workers compensation claim if they are unable to attend work
• If not satisfied with the actions of the employer encourage the employee/s to report it to the relevant statutory OH&S body as a breach of the employers’ duty of care. (For NSW this is WorkCover NSW)

Other useful sources of information

Unions NSW Unionsafe Bullying Campaign 1800 688 919

Human Rights and Equal Opportunity Commission 1800 021 199

NSW Anti Discrimination Board 1800 670 812

Whistleblowers Australia 02 9810 9468

London Hazard Centre


Other factsheets you may find helpful

Violence at work

Stress and work


Acknowledgements to London Hazard Centre "The Daily Hazard" No.64 Nov. 1999

For further information and advice contact the Workers Health Centre
02 9749 7666
admin@workershealth.com.au

Facts 027 © Workers Health Centre, 2005