Fair Work Commission

Definition of bullying

 See Fair Work Act s.789FD(1)

Workplace bullying occurs when:

• an individual or group of individuals repeatedly behaves unreasonably towards a worker or a group of workers at work,

AND

• the behaviour creates a risk to health and safety.^[1]

Reasonable management action conducted in a reasonable manner does not constitute workplace bullying.^[2]

Examples of bullying

Depending on the nature and context of the conduct, bullying behaviours can include:

• the making of vexatious allegations against a worker
• spreading rude and/or inaccurate rumours about an individual, and
• conducting an investigation in a grossly unfair manner.^[3]

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:

• aggressive and intimidating conduct^[5]
• belittling or humiliating comments^[6]
• victimisation^[7]
• spreading malicious rumours^[8]
• practical jokes or initiation^[9]
• exclusion from work-related events^[10], and
• unreasonable work expectations.^[11]

Effects of bullying

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:

• depression
• anxiety
• sleep disturbances
• nausea, and
• musculoskeletal complaints and muscle tension.^[13]

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]

References