Know Your Rights In Workplace Bullying Cases
Workplace bullying is on the rise across Australia, and Adelaide is no exception. Employees in workplaces across the city have shown concerns about experiencing or observing someone being bullied. Bullying at the workplace can have lasting impacts on your mental health and career growth, while costing the Australian economy billions of dollars each year.
According to Safe Work Australia, the average rate of workplace bullying in Australia has gone up by 40 percent. So how can you and your colleagues address bullying in the workplace and stay productive? We’ll discuss your rights at the workplace under Australian law, as well as steps to take when you experience bullying.
What Does Workplace Bullying Include?
Workplace bullying refers to when your colleagues or superiors behave in an unreasonable way towards you or a group of workers. Moreover, the nature of the behaviour creates a risk to your health and safety, as well as that of others.
Some examples of workplace bullying include aggressive behavior, teasing, excluding someone from events in the workplace, or setting unreasonable demands. It can also include playing practical jokes or pressuring someone at work to behave inappropriately.
Your Rights At The Workplace Under Australian Law
Under the Fair Work Act, you’re protected by laws designed to stop bullying. However, these laws only apply to certain workers. Under these laws, a worker is an employee, contractor, subcontractor, trainee, intern, volunteers, or student getting work experience.
As an employee, you have several protections at the workplace, one of which is to be free from discrimination. Besides these protections, you also have the right to not be bullied at the workplace.
Steps to Take if You Experience Workplace Bullying
If you’re being bullied through repeated incidents, you can handle it in a few different ways.
Here’s what we recommend:
Document What Happened
We recommend starting by keeping a detailed record of the events. Make a note of who initiated the bullying, what it involved, and when it happened. The more accurate your records are, the more likely you are to get help.
Report To HR
The first course of action in a bullying case is to address the problem internally. As an employee, this includes reporting the event to your HR department, supervisor, or management. Check to see whether your workplace has a bullying policy and a procedure on how to report incidents.
Your HR officer, manager, or supervisor can give you information on what kind of policies are currently in place. You can check the company’s ‘Code of Conduct’ document to determine whether there is any content on preventing workplace bullying,
Seek Legal Support
Another option is to seek out legal support to know about your rights in workplace bullying cases. Experienced legal professionals are well-versed in the terms of the Fair Work Act, and can guide you on how to navigate a bullying concern. They can provide guidance on your next steps and how you can file an application through the Fair Work Commission to stop the bullying.
Your Employer’s Responsibilities
Safe Work Australia has laid out responsibilities for your employer. If you inform your workplace that you’re the target of bullying, they should:
- Respond to the incident quickly
- Take your report seriously
- Tell you how they plan to deal with the matter
- Keep your information confidential
- Stay neutral towards all parties
- Provide advice on other available sources of support
- Allow both parties to explain their version of events
After the issue is resolved, your workplace should follow up with you later on to ensure your health and wellbeing.
Consult Experienced Lawyers to Know Your Rights in Workplace Bullying
To sum it up, workplace bullying is a negative experience that can take a toll on your mental health and reduce your career progress. At the workplace, bullying can take several forms, but it’s best known as unreasonable behavior that’s repeated and runs the risk of causing injury or harm.
To address workplace bullying, you should keep a detailed record of all the incidents that occured. You should check the company’s code of conduct to know how to deal with workplace bullying. Another step is to discuss the case with our team of legal professionals. We’ll discuss your rights under the Fair Work Act for a reliable and positive working environment.
