Its surprising to note that there is no Anti-bullying legislation in Victoria. If you are a business consultant, employer or employee wishing to tackle a bullying claim or to develop good workplace anti bullying policy then seeking the help of experienced employment lawyers is necessary. Here is a presentation that will guide you the basics of anti-bullying code of practice in employment law in Australia.

2. The contents of this presentation are for information purposes only and do not
constitute legal advice.
If you have any particular concerns or queries, please contact our office for specific
advice.
Disclaimer

3. At present there is no legislation in Victoria that covers workplace bullying
Law relating to the following may apply:
• Occupational health and safety
• Crime
• Anti discrimination
• Accident compensation
The law today

4. Workplace bullying has been estimated to cost the Australian economy between $6
and $36 billion every year. It results in:
• Lost productivity
• Days off work
• Decreased job satisfaction
• Decreased staff retention
• Lower levels of commitment
• Damage to workplace culture
Costs to economy

5. The impact on victims can be significant and can include:
• Depression
• Anxiety
• Burnout
• Musculoskeletal complaints
• Social withdrawal
• Anger and irritability
Personal costs

6. Brodie’s case
• Brodie committed suicide after enduring physical and psychological abuse from her
employer and colleagues
• There was no legislation at the time that could punish her employer than OHS
breaches
• Her death led to changes to stalking laws
Karen Willett
• Former Victoria Police detective suffered psychological abuse and harassment for
from her colleagues for 2 years and is now unable to work due the injury she
suffered
• She was successful in her WorkCover claim and she brought an action for
negligence and was awarded $250,000 in damages
Recent cases

7. NSW apprentices
• Successful prosecution of 5 workers that restrained a new apprentice with asthma
with glad wrap and poured saw dust in his mouth
• Hazing ritual in that workplace to welcome new workers
Swan v Monash Law Book Co-operative
• Victorian Supreme Court awarded $600,000 in damages due to an employer's
failure to take action regarding sustained workplace bullying its employee
• Victim subject to sarcasm, hostility, rudeness, violent behaviour (threw book and
calculator) and threatened with termination by her manager
• Employer failed to articulate its expectations about conduct in the workplace
between employees, by job descriptions, employment contracts and workplace
behaviour policies
Recent cases

8. The House of Representatives commissioned an investigation in 2012 due to the rising
instance of workplace bullying in Australia.
Recommendations from that investigation included:
• Harmonisation of states into a national framework
• Easy access to a resolution for aggrieved workers
One of the aims of the changes is to prevent future harm. It is not about naming and
shaming people as bullies but trying to prevent the behaviour from continuing
Workplace bullying – we just want it to
stop report

9. • Legislative changes apply from 1 January 2014 and allow a worker to apply to the
Fair Work Commission for an order to stop the bullying
• Bullying at work occurs when an individual or a group repeatedly behaves
unreasonably towards a worker or a group of workers and that behaviour creates a
risk to health and safety
• More serious incidents can be aggravated single event which are caught under
the Crimes Act - assault, threats to kill or cause serious injury or extortion with
threats
Workers bullied at work

10. Examples:
• Abusive, insulting or offensive language or comments
• Undue criticism
• Excluding, isolating or marginalizing a person from normal work activities
• Withholding information that is vital for effective work performance
• Unreasonably overloading a person with work or not providing enough work
When is a worker bullied at work?

11. Examples:
• 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 that has
caused detriment to the worker
• Spreading misinformation or malicious rumors
• Changing work arrangements, such as rosters and leave, to the detriment of a
worker or workers
• Unreasonable treatment in relation to accessing workplace entitlements such as
leave or training
When is a worker bullied at work?

12. The Fair Work Commission must deal with an application promptly and within 14 days:
1. Inform itself
2. Conduct a conference
3. Hold a hearing
The Fair Work Commission can make a recommendation or express an opinion at any
time
Process

13. Anti bullying policy:
• Definition of bullying
• Complaints process for victims and whistleblowers
• The importance of confidentiality
• Dispute resolution and investigation processes
• Potential for disciplinary action
Social media and electronic communications policies
Sufficient training on workplace policies
Policies

14. • If the Fair Work Commission is satisfied it may make any order it considers
appropriate to prevent the bullying
• Fines of between $10,000 and $51,000 can apply if a Fair Work Commission order
is contravened
• Findings of bulling, would bolster overlapping actions:
– Civil claims: OH & S, WorkCover and damages for serious injury
– Criminal actions: stalking, assault, threats to kill or cause serious injury and
extortion with threats
Legal consequences

15. Before 1 January 2014:
• familiarise yourself with the legislative changes
• review, update or draft bullying policies
• ensure employees receive appropriate training
• treat bullying complaints seriously as employees can bypass internal processes
and lodge complaints directly with the Fair Work Commission
• Proactively manage risk of bullying
Incidents and reasoning behind performance management must be diligently recorded
Action required

16. • Substantial number of complaints
• Reasonable management directions may be misconstrued as bullying
• The Fair Work Commission may not have sufficient resources to comply with its
obligations
• May be used as a stalling tactic by employees being performance managed
Potential pitfalls