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Don't be a Silent Witness - Pocket Guide 1: BULLYING IS - repeated unreasonable behaviour that is humiliating, intimidating, threatening or demeaning to a person, or group of persons at a workplace, which creates a risk to health and safety. BULLYING IS NOT - performance management or any other legitimate management action conducted appropriately. 2: RESPONDING TO WORKPLACE BULLYING - WHAT SHOULD I DO? You should: > record exactly what has happened > talk to someone you trust > read your organisations bullying policies and procedures. Above all: > remain calm > keep an ongoing record of events > don’t be a silent witness to workplace bullying. 3: UNDERSTAND YOUR OPTIONS, YOU MAY CHOOSE TO: > confront your bully—if you feel able to do so > report the incident > seek advice from your: – manager – human resources area – worker contact officer – health and safety representative – worker representative – employee assistance program.
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Good workplace health and safety measures are essential in any work context. The avoidance of claims in negligence involving psychiatric injury should be dealt with in the first instance by having sound workplace policies and documentation in place, as well as counselling for employees who need it. These should be clearly communicated to employees. However, as Keane JA said in Hegarty v Queensland Ambulance Service (at [47]):
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The opinion evidence from the psychologists emphasised the importance of early intervention to avoid or limit the damage and injury that flowed from sustained workplace stress and its resultant impact on the plaintiff. I accept that evidence. [emphasis added]
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The New South Wales Court of Appeal found that St Patrick's College breached its duty of care to a student by failing to adequately address bullying during her time there. While the student's family situation also contributed to her psychological injuries, the court determined that the bullying was a necessary condition and materially contributed to the harm. The College was therefore liable for damages. This case highlights that policies against bullying must be actively implemented and investigated, not just passively relied upon, in order to satisfy a duty of care.
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Stockland has focused on evolving their parental benefits to meet changing needs. They formed an employee advocacy group to discuss ideas for improving experiences of parents and carers. This led to new flexible leave benefits in 2017, including more paid leave, superannuation during unpaid leave, and a lump sum payment. Stockland also offers on-site childcare, keeping in touch events during leave, and a flexible work culture to support returning and staying with the company. These programs have helped achieve a 90% return to work rate and high employee engagement scores.
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St Barbara Mining has been working to increase the number of women in its predominantly male workforce. It faces challenges such as perceptions of mining as a "man's domain" and fewer qualified women applying for technical roles. St Barbara's strategies include recruiting more women, retaining female employees through flexible work and parental leave policies, supporting women's advancement, and conducting pay equity analyses to reduce the gender pay gap. Actions like training and targets have helped increase women in the workforce from 23% to a goal of 30% by 2018.
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NAB promotes flexibility as key to diversity and inclusion. It created online tools to help its 30,000+ employees negotiate flexible arrangements. The Flexible Working Toolkit empowers employees to propose and set up flexible arrangements directly with managers. In 2016, over 4,000 employees used the toolkit. Surveys found 85% of employees feel they have sufficient flexibility. The document also provides an example of a long-term employee who successfully proposed a job share arrangement to balance work and retirement.
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MYOB, an Australian software company, developed the DevelopHer program to address the shortage of women in IT roles in their company and industry. The 16-week, part-time program taught women with no previous IT experience basic coding skills. Three women completed the program and were offered jobs at MYOB. The program aimed to make IT more accessible and flexible for women and challenge misperceptions of IT work.
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- 1. 1300 366 979 COMCARE.GOV.AU/BULLYING 1300 366 979 COMCARE.GOV.AU/BULLYING WHO DO I CONTACT? DON’T BE A SILENT WITNESS dafdsa dafdsa dafdsadafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa dafdsa ddcddc ddcddc
- 2. 1 2 3UNDERSTAND YOUR OPTIONS, YOU MAY CHOOSE TO: > confront your bully—if you feel able to do so > report the incident > seek advice from your: – manager – human resources area – worker contact officer – health and safety representative – worker representative – employee assistance program. BULLYING IS—repeated unreasonable behaviour that is humiliating, intimidating, threatening or demeaning to a person, or group of persons at a workplace, which creates a risk to health and safety. BULLYING IS NOT—performance management or any other legitimate management action conducted appropriately. RESPONDING TO WORKPLACE BULLYING WHAT SHOULD I DO? You should: > record exactly what has happened > talk to someone you trust > read your organisations bullying policies and procedures. Above all: > remain calm > keep an ongoing record of events > don’t be a silent witness to workplace bullying.