Workplace bullying: How to handle this tough issue

By Harriet Stacey 19 March 2009

Bullying and harassment is a largely hidden problem inthe workplace, often taking place behind closed doors and without witnesses.

The effects of bullying can be devastating to the healthand well-being of those exposed to it. The cost to organisations in terms oflost productivity and staff turnover can be substantial.

Bullying at work is a problem that is only just beginningto be seen as one of the main causes of workplace stress. Bullying is a form ofpsychological or physical harassment and women and men at all levels ofemployment can be affected by it. The bully can be a manager, a supervisor,co-worker or subordinate.

It is an employer’s obligation to protect staff fromabuse. Failure to do so can prove very costly.

Not only can a firm face large compensation payouts, butit can have a major effect on workplace moral and seriously tarnish a company’sreputation.

On March 15 2006, the NSW Supreme Court awarded $1.9million in damages to a former employee suffering psychiatric illness caused bybullying in the workplace. The decision of Justice Adams in Naidu v Group 4Securitas Pty Ltd and Nationwide News Ltd highlights an employer’sresponsibility to ensure the health and safety of employees while at work.

The Occupational Health, Safety & Welfare Act andRegulations say employers must provide a safe and healthy working environment –this includes the prevention of bullying and harassment.

Employers should be aware of the legal risks associatedwith harassment and bullying and the steps that can be taken to minimise theirpotential liability. They should be proactive to ensure staff understand theirrights and obligations to both themselves and their co-workers under theirworkplace harassment and bullying policies.

Also, staff and volunteers should understand they have aresponsibility to ensure that their behaviour meets the required standards toensure a safe and productive workplace.

An Australian Public Service (APS) survey conducted in2006 found 16 per cent of employees who took part in the survey believed theyhad been subjected to bullying or harassment in the workplace.

Women were more likely to believe they had experiencedbullying and harassment than men (19% compared to 12%).

Employees with disability were also more likely (24%)than those without disability (15%) to believe that they have experiencedbullying or harassment.

An Aboriginal and Torres Strait Islander employee censussurvey conducted the previous year found that 23 per cent of Indigenousemployees believed they had experienced bullying and harassment.

It is vital to act promptly to eliminate bullying in theworkplace. Ongoing bullying can be costly in terms of increased sick leave,absenteeism and turnover. By creating a work environment that does not toleratebullying, you can substantially improve staff commitment and productivity.

A bully is a person who uses strength or power tointimidate others by fear. Workplace bullying exists in various forms. Itinvolves behaviour that intimidates, degrades or humiliates an employee(sometimes in front of other people).

Examples of bullying behaviour include unfair andexcessive criticism, publicly insulting victims, ignoring their point of view,constantly changing or setting unrealistic work targets and undervaluing theirefforts at work.

Harassment is unwelcome conduct that humiliates, offendsor intimidates people.

Under federal anti-discrimination law an employer, regardlessof size, may be legally responsible for discrimination and harassment thatoccurs in the workplace. Employers must actively implement precautionarymeasures to minimise the risk of discrimination and harassment occurring.

Inappropriate comments about personal appearance andpersistent, unreasonable criticism of work performance are also common.Assault, both physical and threatened, can also be a factor.

Physical assault is a criminal offence and should bereported to the police immediately.

No-one works at their best if they feel hurt, angry,vulnerable and powerless. Bullying can have a variety of physical,psychological and financial effects on people.

Commonly reported effects are:

Stress, anxiety and tension
Feelings of social isolation at work
Loss of confidence and self-esteem
Loss of concentration
Loss or deterioration of personal relationships
Headaches, backaches, stomach cramps, depression
Deterioration of work performance
Anti-social behaviour, impact on family/relationships
Loss of income; loss of potential income
Panic attacks
Reluctance to go to work

There are a number of steps that you can take toeliminate bullying in your workplace.

The first step in prevention is to acknowledge thatbullying can exist in any workplace.

The most effective way to prevent bullying is foremployers to send a clear message that workplace bullying is unacceptable.

Support and involvement from senior management isessential in effecting change and preventing bullying before it becomes aproblem.

Often, it is advisable to seek expert advice when dealingwith these issues.

Independent investigations of bullying allegations can becarried out professionally and expeditiously. Thus sending a clear message thatallegations will be taken seriously, investigated independently and appropriateaction taken when allegations are substantiated.

WISE Workplace Investigations can conduct ManagementEnquiries when problems recur in a work team or formal investigations whenspecific allegations or grievances are made against an individual.

The value of independence cannot be underestimated.Independence provides all parties with the confidence that they have had a fairhearing, that company politics is not at issue and ‘truth’ is represented tothe decision makers. Experience in investigating such complaints improves thequality of the report and ensures expertise in assessing the impact of ‘groupthink’.

WISE can evaluate complaints and advise on furtheractions, review internal investigation reports and conduct risk assessments,manage mediations, handle grievances and undertake full investigations.