Responding to Workplace Bullying and Harassment: A Guide for Employees

Co-Author: Taylah Denford

KEY TAKE OUTS:

• Bullying and Harassment in the workplace can take a number of forms and is defined as the consistent and continuing unwanted actions of colleagues, supervisors and/or clients.
• There are a number of steps which can be taken internally and externally to have your matter raised and potentially resolved.
• If you have suffered injury or illness as a result of workplace bullying and harassment, you may be entitled to compensation.

This article aims to provide tips and advice for employees who are experiencing workplace bullying or harassment, including how to report it and seek support.

In every workplace, employees deserve to feel safe, respected and supported. Unfortunately, workplace bullying, and harassment can occur, creating a hostile environment that impacts both mental well-being and productivity. In Australia, employees have rights and protections under various laws, including the Work Health and Safety Act 2011, and the Fair Work Act 2009. Understanding what constitutes bullying and harassment, knowing how to respond, and seeking appropriate support are crucial steps in addressing these challenges effectively.

What is Workplace Bullying and Harassment?
According to Beyond Blue, ‘Workplace bullying is repeated and unreasonable behaviour directed towards an employee or group of employees, that creates a risk to health and safety’. Workplace bullying and harassment can take various forms, including verbal abuse, intimidation, exclusion, and offensive behaviour related to race, gender, sexuality, or disability. It can come from colleagues, supervisors, or even clients, and is of a consistent and continuing nature. Recognising these behaviours is the first step in addressing them.

These behaviours can take many forms, including but not limited to:
• Verbal: Abusive language, yelling, insults etc.
• Non-Verbal: Intimidating gestures, exclusion from meetings or social activities etc.
• Physical: Pushing, hitting, unwanted physical contact etc.
• Psychological: Undermining work performance, spreading rumours, constant criticism etc.
• Cyber: Harassment via email, social media, or other digital platforms etc.

Workplace bullying and harassment can present serious consequences for your physical and mental health:
• Psychological distress
• Disrupted sleep patterns
• Heightened anxiety
• Physical symptoms such as headaches
• Reduced capacity to work at your full potential
• Diminished self-confidence and self-esteem

Steps to Take if You Feel You’re Being Bullied or Harassed

If you suspect you are being bullied and/or harassed in the workplace, there are a number of steps you can take to assist you in handling the matter.
1. Keep records: Document each incident in detail, including dates, times, witnesses (if any), and the nature of the behaviour.
2. Informal approach: Consider addressing the issue directly with the person if you feel safe to do so. Sometimes, misunderstandings can be resolved through open communication.
3. Formal complaint: If the behaviour persists or is severe, follow your organisation’s grievance procedure. This typically involves:
– Notifying your supervisor or Human Resources department in writing
– Providing your documented records.
– Participating in any investigation process initiated by your employer

Whilst avenues for internal investigations of bullying and harassment in the workplace will vary from industries and workplaces, if you feel your employer has not adequately addressed the issue or, if the internal process does not provide a satisfactory resolution, you can seek external review through:
• Fair Work Commission: In cases covered by the Fair Work Act, employees can lodge a complaint for bullying and harassment if their employer fails to resolve the issue.
• Work Health and Safety Regulator: Safe Work NSW can intervene if workplace bullying poses a risk to health and safety.
If you are being bullied and/or harassed in the workplace, and you are experiencing levels of distress, consider seeking support from your general practitioner. Your GP can provide medical
advice, support your mental health, and document any physical or psychological effects of bullying and harassment in the workplace.

Bullying and Harassment in the workplace may be claimable under the Worker’s Compensation scheme if you have suffered injury or illness. You may, therefore, be entitled to a range of benefits
and compensation.

In the case of Clancy v Trustees of the Roman Catholic Church of the Diocese of Lismore, the worker claimed workers’ compensation for psychological injury resulting from workplace bullying and harassment. The Workers Compensation Commission found that the worker had experienced bullying, leading to his psychological injury, and ruled in his favour. This decision was upheld on appeal, emphasising the employer’s responsibility to provide a safe working environment and recognising the legitimacy of psychological injuries stemming from workplace bullying.

If you are experiencing workplace bullying or harassment, our dedicated team of experienced employment law professionals here at Coutts Lawyers and Conveyancers are here to help protect your rights and navigate the complex legal process, ensuring you receive the compensation you are entitled to. Contact us today for a confidential consultation.

Karena is a Partner at Coutts and is the Head of our Injury Compensation (with extensive knowledge in personal injury) and Employment Law teams. She is passionate and dedicated to helping her clients understand their rights and obligations and advising them on the best course of action to achieve their desired outcomes. It is her practical and client-orientated approach that has attributed to her authentic reputation positioning her as a highly regarded compensation and employment lawyer.