OHS and workplace bullying – a problem for your employees is a problem for you too

OHS and workplace bullying – a problem for your employees is a problem for you too

Employers should heed the warning – workplace bullying is a serious problem which can happen anywhere, and regulators are cracking down on both bullies and their employers.

Holding Redlich recently acted for an employer in a high-profile prosecution by the Victorian WorkSafe Authority (WorkSafe). The company, its director and several former employees were prosecuted by WorkSafe after an inquest found that a young waitress killed herself after an extended period of serious bullying at the café in which she worked.

The café’s owner (the sole director of the company which owned the café) was not found to have engaged in any bullying conduct himself. However, the company’s failure to put reasonable systems in place to prevent workplace bullying meant that the company (and therefore the director) was liable for breaches of the Occupational Health and Safety Act 2004 (VIC). The company and director pleaded guilty and received criminal convictions and fines ($220,000 for the company and $30,000 for the director). Since then, WorkSafe has instituted the ‘Respect at Work’ campaign in an effort to stamp out workplace bullies.

Industries considered by WorkSafe to be ‘high risk’ include hospitality and trades. This is because these industries have a high proportion of vulnerable workers including young workers, new workers, apprentices and injured workers including workers on return to work plans. However, bullying happens frequently in all workplaces, in industries as diverse as white-collar, manufacturing, mining, education or healthcare.

In all juridstictions in Australia, employers are required to ensure the safety and welfare of their employees. This extends to protecting their employees psychological welfare from bullying and harassment. An employer must take all reasonably practicable steps to ensure that bullying and harassment is eliminated from the workplace.

Workplace safety inspectors have the power to inspect workplaces, respond to complaints and take action against businesses and individuals that are allowing bullying to occur. There are a number of actions that Workplace safety inspectors can take including assisting employers to train staff or helping employers to put in place anti-bullying processes. They can also issue notices which direct businesses to develop an anti-bullying strategy or investigate complaints which can result in criminal charges being laid in serious cases.

All employers should carry out a regular check of their workplace in consultation with health and safety representatives and workers to identify signs that bullying is happening or could happen, and to take steps to deal with any problem areas.

Things that you can do include:

• ensure your managers and staff are trained in anti-discrimination law and regulalry enforce a policy of non-harassment in the workplace.
• at induction, provide information to all workers, including casual and labour hire workers, about workplace policies and procedures on bullying prevention;
• promote the principles of dignity and respect, and take action to combat discrimination;
• introduce a buddy system for young and new workers; and
• provide cultural awareness training.