Bullying has tended to have taken a bit of a ‘back seat’ following all the recent publicity around the Respect@Work changes. Nonetheless, it is a recognised psychosocial hazard and needs ongoing attention. Safety regulators have demonstrated that they will intervene from worker level (e.g. other employees, supervisors etc) right up to officer level (e.g. senior managers, company directors etc).
In the Melbourne Magistrates Court a company director was recently fined $60,000 (applying a $20,000 discount for an early guilty plea) for bullying two apprentices through name-calling, physically touching them in a demeaning and belittling manner, threatening to assault them, and actually assaulting one of them by suspending that worker above the ground by taping him topless to a crane, and then slapping him – then filming the activity and circulating it on social media. As a result of the bullying, this apprentice suffered ongoing mental health struggles including suicidal thoughts, anxiety, stress, embarrassment, fear and depression.
Our thoughts
Like most of you, we were horrified that anyone would think that the above conduct was appropriate in 2023. The fact that the behaviour was further publicised on social media is not only aggravating of the initial conduct but shows a complete lack of self-awareness and understanding of legal obligations and what it takes to be a respectful workplace.
We are hopeful that all workers, and particularly those most vulnerable such as the apprentices in the above case, are treated a lot better in 2024.
We particularly liked the helpful and pragmatic approach of FWC’s Wilson C in recent case (Ahmed Osman [2023] FWC 2830) where he recommended, amongst other things, "self-awareness" and "conflict avoidance" training to address a stop bullying application. We believe that you can't manage a business if you can't understand people, and you can't manage people unless you understand yourself first.
Action Items for Managers:
Undertake self awareness training for yourself (eg DISC, Enneagram, Myers Briggs etc).
Train others in your own organisation, or to avoid any personal bias, get an expert to do it for you.
Treat others as they would like to be treated and show your team how to do the same – this isn’t forcing you to be ‘something’ you are not. There are civility expectations to be met that good workplaces consider are the ‘entry ticket’ not the exception.
Learn the difference between, and get comfortable with, good conflict vs bad conflict - this isn’t taking away your managerial prerogative - it is enhancing it.
Learn the difference between, and communicate, bullying vs reasonable management action carried out in a reasonable manner - some organisations have been their ‘own worst enemy’ by making their bullying definition too broad and encompassing too much. Stick to the legislated definition and train and provide guidance notes on what isn’t included with good examples.
Edge Legal
Relationships. Respect. Results
Sign up for our 'Tips & Trends' Articles
You will get short, relevant articles on topical areas with actionable steps and real commentary
We care about the protection of your data. Read our Privacy Policy.