When someone feels as though they are being bullied in the workplace, there are several
places they can turn to for help.
One of these is the Fair Work Commission.
Through the Fair Work Act, the Commission has powers to make orders to stop bullying
at work from continuing.
The Act says that workplace bullying occurs when repeated unreasonable behaviour is directed
towards a worker, or group of workers, while at work.
The behaviour may be from a single person, or by a group of people.
And, the behaviour must create an ongoing risk to health and safety.
The behaviour must also occur at work.
A finding of bullying means the Commission has found the behaviour towards a worker while
at work to be unreasonable and there is a risk that the behaviour will continue.
If this is the case, the Commission can issue orders to prevent further bullying from occurring.
The Commission does not issue financial penalties, or award financial compensation.
Reasonable management action carried out in a reasonable manner is not regarded as bullying.
Examples of this can include reasonable performance management processes, disciplinary action
discussing unsatisfactory work performance or behaviour or directing someone to perform
duties in keeping with their job.
We'll come back to this in more detail a little later in this video.
But first, let's look at some behaviours that could be unreasonable and may be considered
workplace bullying.
This is just a small sample of what could be regarded as bullying behaviour at work.
For example aggressive, intimidating or humiliating conduct or comments; teasing, practical jokes
and initiations;
unreasonable exclusion from work-related events or spreading malicious rumours or unreasonable
work expectations.
That might include being given too much work, or not enough.
Or being given work below a person's skill level.
Displaying offensive materials or pressuring someone to behave in a certain way could also
be considered unreasonable behaviour.
However, don't forget that the behaviour must also be repeated, to fit within the definition
of bullying in the Fair Work Act.
Bullying can occur in all different types of workplace relationships.
It could be between management and a worker or between co-workers.
Bullying can also involve someone who is in the workplace even though they are not employed
there.
For example, they might be contractors or visitors, or be making deliveries or servicing
equipment.
To be considered as bullying, the unreasonable behaviour must be directed toward a worker
or group of workers while at work.
That term has a specific meaning.
A person can be a worker without being an employee.
Workers also include contractors, sub-contractors and their employees;
an employee of a labour-hire company; an outworker or volunteer or, an apprentice, trainee or
student gaining work experience.
However, these anti-bullying laws do not cover everyone.
Eligibility depends on the type of business where the worker is undertaking work.
Only workers undertaking work in constitutionally-covered businesses are covered by these anti-bullying
laws.
If you are not sure if you work at a constitutionally covered business, you can find out more about
eligibility in the video 'How to make an anti-bullying application'.
Watch it by following the link from the page you are on now.
There is also useful information in the Anti-bullying benchbook.
For the Commission to issue orders the bullying must be ongoing.
That means the Commission has found that bullying has occurred at work and there is a risk it
will continue to occur.
If steps have been taken to stop the bullying the Commission may not make any orders.
The risk of bullying may have stopped because one of the parties no longer works at that
workplace.
Or, they have been able to resolve the issues themselves or with some assistance from the
Commission.
This may mean there is no ongoing risk of bullying.
Now, let's return to reasonable management action that we talked about earlier.
Generally, it is not considered to be bullying, so let's explore what that means.
A manager is entitled to carry out actions required when a person supervises others at
work.
This could include monitoring and managing the worker's performance, giving directions
and disciplining misconduct.
It can also include informing a worker that they are not meeting expectations or that
they are behaving inappropriately.
A manager may also reasonably outline consequences when conduct or performance does not improve.
This can include providing warnings and in the case of serious matters dismissal.
These things can feel uncomfortable and unpleasant for a worker.
But provided it is carried out in a reasonable manner, they would not be considered bullying
behaviour.
Let's look at what a reasonable management process might look like.
It could vary in formality according to the type of workplace.
For example, it might be on a worksite rather than in an office.
Once a manager has identified that a problem exists with a worker the first step might
be to meet with them to discuss it.
The manager may explain why they believe there is a problem and listen to the worker's response.
Next, a solution could be devised along with a plan of action.
That should make it very clear what is expected of the worker, including timeframes of when
certain things will be achieved.
Depending on the workplace, this might all be done verbally without being formally documented.
Then, the manager may monitor performance against those expectations and timeframes.
While this stage can be stressful or uncomfortable for some people, as long as the manager's
behaviour is reasonable it would not be considered bullying.
Unreasonable management action could include a manager behaving in an aggressive or intimidating
manner, using humiliating comments or trying to belittle a worker.
A manager also cannot unreasonably exclude a worker from work or overload them with work.
Other videos in this tour explain how to deal with workplace bullying and how to apply for,
or respond to, an application for an order to stop bullying.
You can also watch videos about how the Commission deals with applications.
Just follow the links from the page you are on now.