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Bullying and Harassment |
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Workplace bullying occurs where a person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by another person, including a co-worker, employer or group of co-workers. This behaviour is unsolicited and unwelcome, and the person considers it to be offensive, intimidating, humiliating or threatening, and a reasonable person would consider it to be offensive, humiliating, intimidating or threatening (Prevention of Workplace Harassment Code of Practice 2004).
Workplace bullying and harassment should not be confused with reasonable management action taken in a reasonable way, for example, performance management for work that is below the acceptable performance standards for the employer. If, however, the management practices are used primarily to intimidate or harass a worker, then this may amount to workplace bullying.
The types of behaviour that may constitute workplace bullying and harassment can include:
Information for Victims
Workplace bullying is normally not a criminal offence, however if you have been the victim or threatened or actual violence contact the police immediately.
If you believe you have been the victim of workplace bullying, you may have remedies under the relevant workers compensation or occupational health and safety schemes. You may also be able to bring a complaint to the ADCQ or HREOC. It is important to remember that victims of workplace bullying are not necessarily the employees – supervisors and managers may also be subjected to bullying and harassment at work.
We invite you to contact our Employment and Industrial Relations team for a confidential discussion and advice on how best to deal with workplace bullying.
Information for Employers Workplace bullying and harassment can have a negative effect on productivity as its affects employee morale, can lead to higher absenteeism rates and eventually resignations. Stress and physical violence as a result of workplace bullying may also lead to higher workers compensation claims, leading to increased premiums. As an employer, you may be liable for claims of discrimination and breaches of occupational health and safety legislation. Our Employment and Industrial Law team can assist in preparing the necessary policies to minimise the risk to your business from workplace bullying. We can even visit your business for an obligation-free assessment of your requirements.
Information for Public Sector Workplace bullying and harassment can occur in both the private and public sectors. In addition to claims under workers compensation, discrimination and OH&S legislation, workplace bullying in the public sector will be a breach of the relevant Department’s Code of Conduct. Perpetrators of bullying may be subjected to disciplinary action under the public sector legislation. Our experienced Employment and Industrial Law team can assist you with your questions under the particular public sector codes and policies. We are available to provide assistance to those employees who may have been the victim of workplace bullying and harassment, or who may have been issued with a Show Cause notice as a result of alleged behaviours.
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