Bully for You?

Bullying may often be associated with school days, but there is no doubt it is also a significant problem in today's workplaces as well. The NSW WorkCover Authority defines bullying at work as "aggressive behaviour that intimidates, humiliates and/or undermines a person or group. It is repeated, less-favourable treatment of a person by another or others in the workplace." Although it is difficult to estimate the prevalence of bullying in today's workplaces, a Morgan poll conducted in 1998 found that 46 percent of Australian employees had been verbally abused or physically assaulted by a co-worker or manager.

Workplace bullying can include anything from direct or indirect baiting, humiliation or practical jokes to more serious behaviour such as verbal threats or abuse, intimidating behaviour, harassment and physical abuse or violence. Although there is no specific statutory prohibition of workplace bullying, these types of behaviour could result in prosecutions under criminal law, occupational health and safety legislation, anti-discrimination laws, breach of contract and/or duty of care and unfair dismissal. Under most of these laws the employer can also be held vicariously liable for the bullying behaviour of its employees.

The courts have been willing to hand out heavy penalties to employers if found to have breached their duty of care in providing a safe system of work for all employees. In 2001, the Queensland Industrial Relations Commission awarded an employee AU$10,000.00 for suffering hurt, humiliation and distress related to bullying¹. A more recent case found an employer liable for the behaviour of one of its employees in bullying the employee of another employer². Both employers in the case were found negligent. Damages were awarded against the bully's employer for almost AU$2 million. Unfair dismissal claims have also been brought against employers where their employees have been forced to quit after being subjected to bullying by those in managerial positions.

Employers should not tolerate any form of bullying and need to be proactive in developing anti-violence, harassment and bullying policies and ensure these are clearly communicated to employees. Employers should also look into developing a workplace violence policy and grievance process to manage this type of behaviour if it occurs.

¹ Serratore v Doyles Construction Lawyers (No 2) [2001] QIRComm 137; 168 QGIG 9 (28 August 2001)
² Naidu v Group 4 Securitas Pty Ltd & Anor [2006] NSWSC 144 (15 March 2006)