See Fair Work Act s.789FD(1)
Workplace bullying occurs when:
AND
Reasonable management action conducted in a reasonable manner does not constitute workplace bullying.[2]
Depending on the nature and context of the conduct, bullying behaviours can include:
In Amie Mac v Bank of Queensland Limited and Others[4] the Fair Work Commission indicated that some of the features which might be expected to be found in a course of repeated unreasonable behaviour constituting bullying at work were:
... intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorising, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination.
The following behaviours could also be considered as bullying, based on cases heard in other jurisdictions:
Workplace bullying often results in significant negative consequences for an individual’s health and wellbeing.[12]
The following consequences are indicative and will not be relevant to all victims of workplace bullying:
However under the anti-bullying laws proof of actual harm to health and safety is not necessary provided that a risk to health and safety created by bullying behaviour is demonstrated.[14]
[1] Work Act s.789FD(1).
[2] Fair Work Act s.789FD(2).
[3] Re Ms SB [2014] FWC 2104 (Hampton C, 12 May 2014) at para. 105.
[4] [2015] FWC 774 (Hatcher VP, 13 February 2015) at para. 99.
[5] Naidu v Group 4 Securitas Pty Ltd (2005) NSWSC 618 (24 June 2005).
[6] Naidu v Group 4 Securitas Pty Ltd (2005) NSWSC 618 (24 June 2005); Styles v Murray Meats Pty Ltd (Anti-Discrimination) [2005] VCAT 914 (12 May 2005).
[7] Naidu v Group 4 Securitas Pty Ltd (2005) NSWSC 618 (24 June 2005).
[8] Willett v State of Victoria [2013] VSCA 76 (12 April 2013).
[9] WorkCover Authority (NSW) (Inspector Maddaford) v Coleman [2004] NSWIRComm 317 (3 November 2004), [(2004) 138 IR 21].
[10] Willett v State of Victoria [2013] VSCA 76 (12 April 2013).
[11] Naidu v Group 4 Securitas Pty Ltd (2005) NSWSC 618 (24 June 2005).
[12] House of Representatives Standing Committee on Education and Employment report, Workplace bullying “We just want it to stop”, at p. 12.
[13] ibid.
[14] Re G.C. [2014] FWC 6988 (Hampton C, 9 December 2014) at para. 50.