1. Introduction
Workplace bullying is a risk to health and safety.
‘Health’ is defined in the WHS Act as both physical and psychological health.
Failure to take steps to manage the risk of workplace bullying can result in a breach of Work Health and Safety (WHS) laws.
Workplace bullying can occur wherever people work together and in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullying behaviour continues, the harder it becomes to repair working relationships and the greater the risk is to health and safety.
This guide provides information for persons conducting a business or undertaking (PCBU) on how to manage the risks of workplace bullying as part of meeting their duties under the WHS laws.
It includes guidance on what workplace bullying is, how it can be prevented and how to respond to reports.
This is the second version of this guide. It will continue to be revised as strategies for preventing and responding to workplace bullying evolve.
Practical guidance for workers on how to deal with workplace bullying is available in Workplace Bullying – A Worker’s Guide.
1.1. What is workplace bullying?
Workplace bullying can adversely affect the psychological and physical health of a person. Workplace bullying is a psychological hazard that has the potential to harm a person, and it also creates a psychological risk as there is a possibility that a person may be harmed if exposed to it. If effective control measures are put in place to address and resolve workplace issues early, a workplace can minimise the risk of workplace bullying and prevent it from becoming acceptable behaviour in the workplace.
Workplace bullying is repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.
Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time.
Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.
Examples of behaviour, whether intentional or unintentional, that may be workplace bullying if they are repeated, unreasonable and create a risk to health and safety include but are not limited to:
abusive, insulting or offensive language or comments
aggressive and intimidating conduct
belittling or humiliating comments
victimisation
practical jokes or initiation
unjustified criticism or complaints
deliberately excluding someone from work-related activities
withholding information that is vital for effective work performance
setting unreasonable timelines or constantly changing deadlines
setting tasks that are unreasonably below or beyond a person’s skill level
denying access to information, supervision, consultation or resources to the detriment of the worker
spreading misinformation or malicious rumours, and
changing work arrangements such as rosters and leave to deliberately inconvenience a particular worker or workers.
If the behaviour involves violence, for example physical assault or the threat of physical assault, it should be reported to the police.
1.2. What is not workplace bullying?
A single incident of unreasonable behaviour is not workplace bullying, however it may be repeated or escalate and so should not be ignored.
Reasonable management action taken in a reasonable way
A PCBU may take reasonable management action to effectively direct and control the way work is carried out. It is reasonable for managers and supervisors to allocate work and give feedback on a worker’s performance. These actions are not workplace bullying if they are carried out in a lawful and reasonable way, taking the particular circumstances into account.
A manager exercising their legitimate authority at work may result in some discomfort for a worker. The question of whether management action is reasonable is determined by considering the actual management action rather than a worker’s perception of it, and where management action involves a significant departure from established policies or procedures, whether the departure was reasonable in the circumstances.
What is reasonable would be determined by an objective test through a court of law. However, a court could consider the following examples as reasonable management action:
setting realistic and achievable performance goals, standards and deadlines
fair and appropriate rostering and allocation of working hours
transferring a worker to another area or role for operational reasons
deciding not to select a worker for a promotion where a fair and transparent process is followed
informing a worker about unsatisfactory work performance in an honest, fair and constructive way
informing a worker about unreasonable behaviour in an objective and confidential way
implementing organisational changes or restructuring, and
taking disciplinary action, including suspension or terminating employment where appropriate or justified in the circumstances.
Unlawful discrimination and sexual harassment
Unreasonable behaviour may involve unlawful discrimination or sexual harassment which, by itself, is not bullying.
Discrimination on the basis of a protected trait in employment may be unlawful under anti-discrimination, equal employment opportunity, workplace relations and human rights laws. Generally, unlawful discrimination is where a person or group of people are treated unfairly or less favourably than others because they have a particular characteristic or belong to a particular group of people.
Protected traits include race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin. For example, it would be unlawful for an employer not to employ or promote a woman because she is pregnant or may become pregnant.
The WHS Act prohibits a person from engaging in ‘discriminatory conduct’ for a ‘prohibited reason’. For example, it is unlawful for a person to terminate the employment of a worker for raising health and safety concerns or performing legitimate safety-related functions in relation to their workplace.
Generally, sexual harassment includes unwelcome sexual advances, requests for sexual favours or other unwelcome conduct of a sexual nature that could be expected to make a person feel offended, humiliated or intimidated.
Advice and assistance on how to deal with discrimination or sexual harassment can be provided by:
the Australian Human Rights Commission
the Fair Work Commission, and
state and territory anti-discrimination, equal opportunity and human rights agencies.
Contact details are provided in Appendix C.
Workplace conflict
Differences of opinion and disagreements are generally not workplace bullying. People can have differences or disagreements in the workplace without engaging in repeated, unreasonable behaviour that creates a risk to health and safety. Some people may also take offence at action taken by management, but that does not mean that the management action in itself was unreasonable. However, in some cases conflict that is not managed may escalate to the point where it becomes workplace bullying.
1.3. How can workplace bullying occur?
Workplace bullying can be carried out in a variety of ways including through verbal or physical abuse, through email, text messages, internet chat rooms, instant messaging or other social media channels. In some cases workplace bullying can continue outside of the workplace.
Workplace bullying can be directed at a single worker or group of workers and be carried out by one or more workers. It can occur:
sideways between workers
downwards from supervisors or managers to workers, or
upwards from workers to supervisors or managers.
Workplace bullying can also be directed at or perpetrated by other people at the workplace such as clients, patients, students, customers and members of the public.
1.4. Impact of workplace bullying
Workplace bullying can be harmful to the person experiencing it and to those who witness it. The effects will vary depending on individual characteristics as well as the specific situation and may include one or more of the following:
distress, anxiety, panic attacks or sleep disturbance
physical illness, for example muscular tension, headaches, fatigue and digestive problems
loss of self-esteem and self-confidence
feelings of isolation
deteriorating relationships with colleagues, family and friends
negative impact on work performance, concentration and decision making ability
depression, and
thoughts of suicide.
Workplace bullying can also have a negative impact on the work environment and incur direct and indirect costs for a business, including:
high staff turnover and associated recruitment and training costs
low morale and motivation
increased absenteeism
lost productivity
disruption to work when complex complaints are being investigated
costs associated with counselling, mediation and support
costly workers’ compensation claims or legal action, and
damage to the reputation of the business.
1.5. Who has duties in relation to workplace bullying?
Everyone at the workplace has a work health and safety duty and can usually help prevent workplace bullying. The following table sets out the various duties in relation to workplace bullying.
Table 1 - Duties in relation to workplace bullying
[Who] Person conducting a business or undertaking (section 19)
[Duties] A PCBU has the primary duty of care under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from work carried out as part of the business or undertaking.
This duty includes, so far as is reasonably practicable:providing and maintaining a work environment that is without risks to health and safety
providing and maintaining safe systems of work
monitoring the health and safety of workers and the conditions at the workplace to ensure that work related illnesses and injuries are prevented, and
providing appropriate information, instruction, training or supervision to workers and other persons at the workplace to allow work to be carried out safely.
[Who] Officers (section 27)
[Duties] Officers, such as company directors, must exercise due diligence to ensure the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks associated with workplace bullying.
[Who] Workers (section 28)
[Duties] Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a duty to:
take reasonable care for their own health and safety while at work
take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons
comply, so far as the worker is reasonably able, with any reasonable instruction given by the PCBU, and
co-operate with any reasonable policies and procedures of the PCBU, for example a workplace bullying policy.
[Who] Others (section 29)
[Duties] Other persons at a workplace, such as visitors and clients, have similar duties to that of a worker and must:
take reasonable care for their own health and safety while at work
take reasonable care that their acts or omissions do not adversely affect the health and safety of workers or other persons, and
comply, so far as the person is reasonably able, with any reasonable instruction given by the PCBU.
1.6. How can the risk of workplace bullying be managed?
Health and safety risks in a workplace must be eliminated so far as is reasonably practicable. If this is not possible, the risks must be minimised so far as is reasonably practicable. The risk of workplace bullying can be minimised by taking a pro-active approach as described in Chapter 2 that involves:
early identification of unreasonable behaviour and situations likely to increase the risk of workplace bullying occurring
implementing control measures to manage the risks, and
monitoring and reviewing the effectiveness of the control measures.
Further guidance on risk management is provided in the Code of Practice: How to Manage Work Health and Safety Risks.
Consulting workers
Section 47: The person conducting the business or undertaking must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking who are (or are likely to be) directly affected by a work health and safety matter.
Section 48: If the workers are represented by a health and safety representative, the consultation must involve that representative.
Consultation can include sharing information, giving workers a reasonable opportunity to express their views and taking those views into account before making decisions on work health and safety matters that directly affect them.
Consultation enables workers to have input in developing policies and procedures for workplace bullying that are best suited to the needs of the business or undertaking. Effective consultation can also help raise awareness of workplace bullying. Consultation with workers is required when:
making decisions about measures to control the risks of workplace bullying, including policies and procedures for preventing and responding to workplace bullying
making decisions about procedures for providing information and training on workplace bullying, and
proposing changes that may affect the health and safety of workers.
Consultation can be conducted in various ways to suit the nature and size of the business
Consulting, cooperating and coordinating activities with other duty holders
Section 46: If more than one person has a duty in relation to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a work health or safety duty in relation to the same matter.
In some situations there may be a risk of a worker being bullied by a worker of another business.
For example labour hire workers may be exposed to workplace bullying by workers in a host business and vice versa. Both the on-hire company and the host business have a duty to manage the risk of workplace bullying. The businesses must consult and co-operate with each other on the standards of behaviour expected in the workplace including workplace bullying policies and procedures. They should develop an agreed approach for reporting and investigating potential workplace bullying incidents.
Further guidance on consultation is in the Code of Practice: Work health and safety consultation, co-operation and co-ordination.
1. Introduction
Guide for Preventing and Responding to Workplace Bullying, May 2016
© Commonwealth of Australia 2020
This Guide provides information for persons conducting a business or undertaking on how to manage the risks of workplace bullying as part of meeting their duties under the work health and safety laws.
Workplace bullying is a risk to health and safety. It can occur wherever people work together in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullying behaviour continues, the more difficult it is to address and the harder it becomes to repair working relationships.
from Safe Work Australia
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