02 Jun 16 Bullying in the workplace needs to be dealt with quickly

Bullying in the workplace can be endemic in some environments and it has been long acknowledged the effects of workplace bullying to an employee.  Any business that does not deal with a bully effectively and quickly can be open to:

• an application to the Fair Work Commission for an order to stop bullying;
• an adverse action application to the Fair Work Commission;
• possible unfair dismissal application if dismissal occurs including constructive dismissal;
• complaints to Work Health and Safety;
• a claim for discrimination;
• a worker’s compensation claim;
• a civil claim for breach of contract or negligence.

The above list shows that there are a number of different actions that an employer can take if bullying occurs.  The ramifications of bullying can mean that you are leaving your workplace open to litigation and public scrutiny there will also be legal costs and incidental costs to any claim for bullying.

There have been a number of cases before the Fair Work Commission where a worker has made an application based on the bullying behaviour of another worker.  It is clear that the Commission expects workplaces to deal with bullies in a quick and effective manner.  In the case of Keegan v Sussan the Fair Work Commission awarded an employee with $237,770 for been bullied over a period of 2 weeks which caused a psychiatric disorder.  In this case it was the employees’ failure to adequately respond to the complaint or adhere to its own policies in dealing with the complaint.

What you can learn

To avoid any possible actions against the business, make sure that all employees are properly trained and that managers and supervisors.  That everyone is taking responsibility for proactively identifying bullies or those being bullied and to act to stop or prevent any such behaviour; develop proper policies and procedures to deal with this issue; take all allegations of bullying seriously and act in the proper manner.

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