By Michael Want
USU Executive President
Apr 9, 2008
Melinda Gadd's case is a timely reminder for all members to be aware of workplace bullying. As part of our commitment to stamp out workplace bullying the USU and Local Government Learning Solutions joint training project focused on the unlawful behaviour of bullying and harassment in the workplace. BULLYING IS VIOLENCE Violence is the use of force or power by the perpetrator (the person doing the violence) against another, i.e. the victim. This use of force or power is made up of a range of behaviours or actions that may be physical (affecting the body) and/or psychological (affecting the mind). The result of this force or power may impact on the well being or health of the victim; for example, injury, death psychological harm, development, or deprivation for the victim.
IT’S THE LAW! Clause 9 (2) (b) of the OH&S regulations 2001 requires employers to identify Psychological Hazards. Clause 11 of the OH&S regulations 2001 requires employers to eliminate risks arising from hazards. Bullying is a psychological hazard and it is the employers responsibility to eliminate it as part of the Risk Assessment Process.
Where bullying involves sexual harassment or discrimination on the basis of things like disability, gender, race or age, a claim may be made under the Human Rights and Equal Opportunity, Equal Opportunity or Anti-Discrimination Acts.
If you are forced to resign because you are being bullied, you may be able to claim this as an unfair dismissal. If you become unwell as a result of inappropriate management action in relation to the bullying you may be able to claim workers’ compensation.
WORKPLACE BULLYING Bullying at work is one of the main causes of workplace stress. Bullying is a form of psychological or physical harassment and women and men at all levels of employment can be affected by it. The bully can be a manager, a supervisor or a co-worker.
A bully is a person who uses strength or power to intimidate others by fear. Workplace bullying exists in various forms. It involves behaviour that intimidates, degrades or humiliates an employee (sometimes in front of other people). Sometimes the behaviour may be subtle and not easily observed by others. It may include verbal abuse, behaviour that is intended to punish, constant ‘put-downs’, aggression, and poorly managed conflicts of opinion or ‘personality clashes’. Inappropriate comments about personal appearance and persistent, unreasonable criticism of work performance are also common.
HOW TO PREVENT BULLYING IN THE WORKPLACE The most effective way to prevent bullying is for employers to send a clear message that workplace bullying is unacceptable.
Following are some steps that can be taken to minimise and prevent bullying in the workplace. Support and involvement from senior management is essential in effecting change and preventing bullying before it becomes a problem. Occupational Health and Safety Committees are ideally placed to deal with these issues.
STEPS TO TAKE
Ask for a meeting.
Choose a quiet confidential place.
Take notes of the discussion.
State aim of the meeting, for example wish to discuss how we communicate with each other.
Try to stay calm.
Do not become personally abusive or insulting, i.e. remain completely professional.
If the other person becomes aggressive, thank them for their time and end the meeting and contact your USU delegate or Organiser immediately.
