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It is important to understand what you can do to minimise the negative impact and stop the bullying as soon as possible.
If your workplace does not have any policy or procedure in place to deal with workplace bullying, if you can, discuss your concerns with the human resources department or another co-worker or supervisor.
What Is Workplace Bullying?
Workplace bullying is defined by Fair Work Australia as follows –
A worker is bullied at work if –
- A person or group of people repeatedly act unreasonably towards them or a group of workers
- The behaviour creates a risk to health and safety.
Unreasonable behaviour includes victimising, humiliating, intimidating or threatening. Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances.
Examples of bullying include –
- Behaving aggressively
- Teasing or practical jokes
- Pressuring someone to behave inappropriately
- Excluding someone from work-related events or
- Unreasonable work demands
What Is Workplace Harassment?
Workplace harassment is a form of bullying and is any form of repeated offensive behaviour fuelled by sexual advances, racially provoked instances, or in relation to an employee’s disability. Examples of harassment provided by the Fair Work include:
- Telling insult jokes about particular racial groups
- Sending explicit or sexually suggestive emails or text messages.
- Making derogatory comments or taunts about a person’s disability.
What Should I Do If I Am Being Bullied or Harassed At Work?
You should report the bullying behaviour to your employer if you feel safe to do so.
If you are a target of workplace bullying and harassment, you should make a note of the nature and type of the bullying behaviour and if there are witnesses, make a note of the names and contact details of those witnesses.
If you are struggling to cope with the hurtful behaviour, make sure you talk to friends and relatives and seek professional help from your doctor or a psychologist. Bullying in the workplace can lead to serious injury if not acted on early.
If you are not coping and need to take some time off work, you need to consult your general practitioner and obtain a WorkCover Certificate of Capacity which certifies you unfit for work. This certificate is handed to your employer and the workers compensation insurer is notified of a claim.
You may be referred for counselling with a psychologist for treatment.
If because of workplace bullying, you are unfit for work you may need to speak to an expert worker’s compensation lawyer to understand your right to compensation.
If your employer fails in their duty of care and consequently you sustain a psychological injury, you may be able to purse a claim in negligence against your employer, this is known as a work injury damages claim.
If you need assistance with your workplace bullying and harassment claim, please do not hesitate to contact our accredited lawyers as follows;
- Complete our FREE case assessment form HERE
- Email us at info@garlingandco.com.au
- Give us a call on (02) 8329 9500
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Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.
Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.
02 8329 9500
info@garlingandco.com.au
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Bullying and Harassment FAQs
1. What is the difference between workplace bullying and harassment?
Workplace bullying involves repeated, unreasonable actions or behaviours towards another person, while workplace harassment involves unwelcome conduct that is based on a person’s protected characteristic.
2. What are the effects of workplace bullying and harassment?
Workplace bullying and harassment can lead to mental and physical health.
3. What are some common forms of workplace bullying?
Some common forms of workplace bullying include verbal abuse, exclusion, intimidation, and undermining.
4. How can employees cope with workplace bullying and harassment?
Employees who experience workplace bullying and harassment should speak up and report the behaviour to their employer or HR department. They can also seek support from friends, family, a GP or a counsellor.
5. What can employers do to prevent workplace bullying and harassment?
Employers can prevent workplace bullying and harassment by establishing clear policies, providing regular training and education, creating a supportive culture, and encouraging reporting. It is also important for employers to take swift and appropriate action when incidents of bullying and harassment are reported.
6. What do I do if injured at Work due to bullying and harassment?
Employees who sustain psychological injuries at work due to bullying and harassment can make a workers compensation claim. You need to consult your GP and obtain a Certificate of Capacity which sets out the injury and fitness for work, including what treatment may be required.
