Bullying And

Harassment

14 November 2013

Presented by Keta Roseby BCom LLB (Hons) MBA, Accredited Mediator ROBERTS NEHMER McKEE Lawyers

WHAT IS WORKPLACE BULLYING?

Per Fair Work Act, a worker is bullied at work if: While the worker is at work in a constitutionally-covered business, an individual or a group of individuals repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member, and that behaviour creates a risk to health and safety.

WHAT IS HARASSMENT?

Unwanted behaviour based on a character such as sex, race or ethnicity that the worker finds offensive, humiliating or intimidating.

Eg Sexual harassment prohibited by Anti-Discrimination Act

WORKPLACE BULLYING

A ‘bullied’ worker has many options:

1. Fair Work Commission: seek order to stop bullying

2. Workplace health & safety: unsafe work environment

3. Claim to FWC: if amounts to an adverse action claim

4. Claim to FWC: if results in a constructive dismissal

5. Workers compensation: if physical/psychological harm

6. Discrimination claim: if bullying on prohibited ground

7. Common law claim for damages: employer failed in duty to take proper care of employee’s health & safety

SEXUAL HARASSMENT

Sexual harassment happens if a person –

a) subjects another person to an unsolicited act of physical intimacy; or

b) makes an unsolicited demand or request (directly or by implication) for sexual favours from the other person; or

c) makes a remark with sexual connotations relating to the other person; or

d) engages in any other unwelcome conduct of a sexual nature in relation to the other person;

SEXUAL HARASSMENT

and the person engaging in the conduct described does so –

e) with the intention of offending, humiliating or intimidating the other person; or

f) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct.

Contributing Factors

Job insecurity

Inadequate supervision

Inadequate support or training

Poor skills and practices in people management

Work in isolated environments

Work shift work or hours that isolate them from other staff

Senior Management

Commitment

Actively endorse a bullying policy

Make it clear that bullying in the workplace will not be tolerated

Ensure that complaints of bullying are taken seriously and properly investigated

Model positive behaviours of respect and courtesy

Consult with staff at all levels

Provide quality learning and development programs on leadership and people management

Establish clear guidelines on appropriate workplace conduct

Involve employees in the processes that promote a positive work culture

Give employees the opportunity to participate in workplace surveys, consultations, team meetings and focus groups.

Support Managers & Staff by…

What to do Now?

Create / update bullying and harassment policies

Who to Contact

Keta Roseby

07 4726 5021

kroseby@rnm.com.au

A Roberts Nehmer McKee Presentation