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Workplace bullying and harassment are serious issues that can have a significant impact on your physical and mental health. In Australia, these behaviours are recognised as major health and safety concerns, and employers have a legal obligation to manage and prevent them. However, understanding what constitutes bullying and harassment, and knowing your rights, is crucial in protecting yourself and taking appropriate action if you find yourself in such a situation.
What is Workplace Bullying?
The Fair Work Act defines workplace bullying as repeated unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety. This definition covers a wide range of actions, including:
- Shouting or Threats: Aggressive behaviour, including yelling or threatening language, can create a hostile work environment.
- Teasing, Humiliation, or Belittlement: Making fun of someone or putting them down repeatedly can erode their confidence and well-being.
- Ostracism: Deliberately excluding someone from workplace activities or isolating them from their peers is a form of bullying.
- Physical or Emotional Abuse: Any form of physical intimidation or persistent emotional manipulation falls under serious misconduct.
- Unreasonable Demands: Setting impossible deadlines or assigning tasks that are beyond someone’s capacity can be a form of bullying.
- Excessive Surveillance or Micromanagement: Monitoring every move or constantly criticising an employee’s work can contribute to a toxic work environment.
It’s important to note that bullying isn’t limited to face-to-face interactions. It can occur online or outside of regular working hours and still be considered a breach of workplace safety. The key factor is whether a reasonable person would see the behaviour as unreasonable under the circumstances.
What is Workplace Harassment?
While similar to bullying, workplace harassment doesn’t always need to be repeated to be considered unacceptable. Safe Work Australia defines harassment as unwelcome behaviour that intimidates, offends, or humiliates a person. This can include sexual harassment, racial discrimination, or any other form of unwelcome conduct based on personal characteristics.
What Are Your Rights if You’re Being Bullied or Harassed at Work?
In Australia, every worker has the right to a safe workplace. If you’re being bullied or harassed, you are protected under the Fair Work Act and other legislation. Your employer is required to take reasonable steps to prevent bullying and harassment and to address any issues that arise.
Here’s what you can do if you believe you’re being bullied or harassed:
- Document the Incidents: Keep a detailed record of each instance of bullying or harassment, including dates, locations, what was said or done, and how it made you feel. This documentation can be crucial if you need to escalate the issue.
- Speak to Someone You Trust: Talk to a trusted colleague, your Health and Safety Representative, or your union delegate. Sharing your experience can provide support and help you decide on the next steps.
- Approach the Bully or Harasser (If Safe to Do So): If you feel confident and safe, you may consider addressing the issue directly with the person involved. Be clear that their behaviour is unacceptable. However, if you feel threatened or unsafe, it’s better to seek advice before taking this step.
- Make an Internal Complaint: If the bullying or harassment continues, or if you’re not comfortable addressing it directly, lodge a formal complaint with your manager or Human Resources. If the issue involves your manager, seek advice from your Health and Safety Representative or union.
- Seek External Assistance: If internal measures don’t resolve the issue, you can seek external help. Your union can provide representation and support, and you may apply for a stop bullying order through the Fair Work Commission if necessary.
How to Protect Yourself from Workplace Bullying and Harassment
Preventing workplace bullying and harassment starts with awareness and understanding. Familiarise yourself with your workplace’s policies on these issues and make sure you know the procedures for reporting any incidents. Employers are required to have measures in place to prevent and address bullying and harassment, so don’t hesitate to ask for this information.
If you ever feel that your safety is at immediate risk, contact the police on 000.
Take Action to Secure a Safe and Respectful Workplace Environment
Workplace bullying and harassment are not issues to be taken lightly. They can have profound effects on your mental and physical well-being. In Australia, you have the right to work in an environment free from these harmful behaviours, and there are clear steps you can take if you find yourself in such a situation. Understanding your rights and the resources available to you is the first step in protecting yourself and ensuring a safe and supportive workplace.
