Bullying and Harassment
Bullying: Repetitive, intentional, and harmful behaviour with a power imbalance. Examples: verbal, physical, psychological, social, and cyberbullying.
Harassment: Unwanted, offensive behaviour based on protected characteristics. Examples: sexual, discriminatory, psychological, and bullying-based harassment.
Effects: Emotional distress, decreased job satisfaction, productivity, and negative impact on mental and physical health.
Case in the workplace: Swan v Monash Law Book
In the case of Swan v Monash Law Book Co-operative, an employee named Wendy Swan sued her employer for failing to protect her from bullying by her manager, Mr. Cowell. The bullying behaviours included sarcasm, rudeness, offensive language, and belittling. The Supreme Court of Victoria awarded Ms. Swan nearly $600,000 in damages for the psychiatric injury she suffered as a result of the bullying.
Impacts on the Workplace
Bullying and harassment had severe impacts on the work environment, including fear, anxiety, decreased morale, job satisfaction, and productivity. The toxic atmosphere damaged teamwork, communication, and employee well-being.
Ways to resolve the issues in the workplace
To resolve these issues, employers should implement clear workplace policies against bullying, provide training and education, foster a culture of respect, establish reporting mechanisms, conduct prompt investigations, and take appropriate disciplinary action. By taking these measures, employers can create a safer and healthier work environment that promotes the well-being of all employees.
Fair Work Australia’s Ombudsman: Provides support, guidance, and mediation services.
NSW Fair Trading: Offers assistance in resolving unfair practices and contracts.
NSW Industrial Relations: Administers industrial laws and offers conciliation services.
Australian Human Rights Commission: Investigates harassment and discrimination, providing dispute resolution services.