Laws have been passed to amend the Fair Work Act to introduce new anti-bullying measures allowing individual workers to bring an action to stop workplace bullying. The new provisions will take effect from 1 January 2014.
How does it affect you?
- Workers will be able to apply directly to the Fair Work Commission (FWC) if they believe they are being bullied at work.
- Employers should ensure they are fully aware of their anti-bullying obligations and implement appropriate systems to prevent bullying at work and to minimise the risk of claims.
The new laws will allow a worker who has been bullied at work to apply to the FWC for an order to stop the bullying. If the FWC is satisfied that a worker has been bullied and there is a risk that the worker will continue to be bullied, then the FWC may make any orders it considers appropriate to prevent the worker from being bullied at work, other than reinstatement, payment of compensation or monetary penalties
New Definition of Bullying
The broad 'worker' definition is used to describe an individual performing work in any capacity, including contractors, apprenticies and work experience students.
A worker is bullied at work if, while at an Australian business, an individual or group of individuals repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member and this behaviour creates a risk to health and safety.
Reasonable management action carried out in a reasonable manner is not bullying. For example, performance management, disciplinary action, allocation of work and fair and constructive feedback by managers.
What steps should you take?
An influx of bullying claims is expected when the anti-bullying provisions come into force. Any worker who believes they have been bullied can bypass their employer and immediately lodge a claim with the FWC. The employer will have little time to investigate, assess, and respond to the claim.
To minimise the risk of claims, employers should:
- Update workplace policies, ensuring they define unlawful workplace bullying and set out expected standards of behaviour;
- Ensure clear procedures are in place to respond to allegations of workplace bullying and conduct investigations speedily and thoroughly;
- Provide training to staff, including supervisors and managers, regarding proper performance management and disciplinary processes.
Your HRmanager runs Workplace Behaviour workshops and conducts independent investigations into allegations of bullying and harassment. Contact us for more information on these. Subscribers to Your HRdocs can download an updated Bullying and Harassment policy.