• Section 789FC in the Fair Work Act states a worker who “reasonably believes” that they have been bullied can apply to the FWC for an order to stop bullying.

• Section 789FD (1) states that a worker is bullied at work when:

1. Another individual or group of individuals “repeatedly behaves unreasonably towards a worker;” and

2. “that behaviour creates a risk to health and safety.”

 

I asked 20 random strangers, of all different ages and professions, about their workplace bullying experiences and, scarily enough, 0% said an outsider organisation had helped them in advising on what to do and what their rights were. So if people aren’t relying on external resources like the FWC whom can they speak to?

 

Melbourne-based health psychologist Toni Mellington did a study on Victorian workers and found that a majority of the victims weren’t speaking up about it.

 

"Not doing anything about it (the bullying) was the most common method taken by a target in response to being bullied. The action deemed most successful by respondents were "no action" and "seeking a new job"," Mellington said.

 

According to leading psychologist and CEO of Seven Dimensions HR, Eve Ash, the real problem is that a majority of workplace bullying occurs at a more subdued level. She says that subtle bullying can cause hurt, stress and suffering just as acute as obvious bullying would.

 

“Subtle bullying is much harder for HR to act upon, the major issue here is prevention,” Ash wrote in Smart Company.

 

“Your people are you most are your most valuable asset and it is a company’s responsibility to exercise a duty of care over its employees, and that includes ensuring that bullying does not take place.”

 

Calling bullying the “cancer” of the workplace, Writer and Psychology lecturer at the University of South Australia, Michelle Turkey, believes that evidence suggests the main problem is organizational factors within the workplace. She claims that treating the “symptom” (bullying behaviour) will not stop the “underlying malaise.”

 

All this talk of “prevention” appears to be effective in theory, what about the cases that slip through the cracks? In response to recent workplace bullying case, Chief Industrial Magistrate George Miller, recommended five steps that companies and employers should take to eliminate bullying:

 

• Make it known that the company does not tolerate bullying;

• Implement policies and procedures outlining the employers position on bullying, what is meant by "bullying" and the consequences of "bullying";

• Ensure awareness of the company's policies and procedures;

• Establishment of a complaints mechanism where by employees who have been bullied can make a complaint, as well as ensuring grievances are dealt with independently, timely, and kept confidential; and

• Monitor the effectiveness of these steps on a regular basis.

 

("Australian Psychological Society : Fighting back: Workplace bullying in Australia", 2016)

 

With such a complex issue at hand we must address it with an unbiased perspective. Whether you have been the victim or the accused “bully”, the nine-to-five slog could be a lot easier if we all stand up and break the silence on Workplace Bullying.