October Newsletter 2010

To register for the Bullying & Harassment free seminar click here >>

Bullying & Harassment could close your business

Melbourne readers earlier this year saw many newspaper articles about a young woman who committed suicide allegedly as a result of bullying and harassment in her workplace. Employed as a waitress at a cafe in an inner Melbourne suburb, the 19 year old was subjected to repeated demeaning behaviour over several months. The three alleged perpetrators (including the manager) and the business owner faced court on workplace safety charges. The business pleaded guilty and was convicted and fined $220,000 for the 2 charges and breaches of the OH&S Act in addition to costs being awarded to the Victorian Workcover Authority to the sum of $3,000. The Director also received further personal fines of $30,000 whilst the 3 other staff members were convicted and received personal fines of $45,000, $30,000 and $10,000.

The charge of failing to maintain a safe workplace can be brought when action or inaction by the business fails to address a range of workplace hazards. This is often identified after an incident has occurred. These hazards don’t necessarily have to relate to the physical environment of the business such as manual handling, machinery, protective equipment, training etc but can also relate to employees mental well being. Bullying behaviour in particular is an emerging area for work injury claims.

Bullying can be defined as “continued and deliberate unjust, unfair or abusive treatment of an individual at work by one or more co-workers, supervisors, managers or customers. It is behaviour that intimidates, humiliates or undermines a person or group”. Note however that it is not the genuine and fair management of performance.

Every business needs a specific policy on bullying and harassment, however a policy alone must be backed up by training, regular (at least annual) refreshers, management awareness, role modelling and zero tolerance. The judge in this case commented that “The reasonably practicable measures available to Da Cruz to ensure the workplace was safe and without risks to employee’s health and safety included stopping the conduct set out above and implementing proper procedures to manage the issue of workplace bullying.”

The owner of the cafe was aware of some aspects of the bullying behaviour being directed towards the employee as he was present on some occasions and allowed the behaviour to continue, even condoning it on other occasions.

For further information and support with minimising your business risk through reviewing your policies and training your staff contact Garner Business Solutions on 1300 856 930 or Email business@garnersolutions.com.au