Home / Employment Law / Bullying and Harassment in the Workplace
The FW Act and the IR Act both provide protections for employees who are subjected to bullying and harassment in the workplace.
Bullying occurs when a person or group of people:
- behave unreasonably towards a worker or group of workers at work; and,
- this happens more than once; and
- this creates a risk to health and safety.
Bullying can include the following behaviour and situations
- being aggressive or intimidating;
- being abusive or offensive language;
- mocking or humiliating someone;
- teasing or playing practical jokes;
- Excluding someone from work related events;
- Unjustified criticism or complaints;
- Spreading rumours about an individual;
- Subjecting someone to unreasonable work demands.
However, bullying does not include reasonable management action conducted in a reasonable manner. This includes managing or monitoring an employee’s performance, subjecting the employee to a disciplinary proceeding and/or investigation and asking an employee to perform reasonable duties as part of their role.
A person can apply to the FWC for an ‘order to stop bullying’ if they hold an actual and genuine belief that they are being subjected to bullying in the workplace. The FWC has the power to make orders to prevent further bullying however cannot issue fines, penalties, or financial compensation even if it is held that bulling has occurred.
Sibley Lawyers can assist in determining the best course of action if you are experiencing bullying the workplace.
For a FREE CONSULTATION talk to us today on (07) 3180 0120