Workplace Bullying all Access Pass

Workplace Bullying all access pass – with the advent of the internet that most of us have had in the workplace since the early 90’s and the more recent explosion of social media, workplace bullying have been given a 24/7 all access pass into our lives, our families and our homes. It could be argued that the impact and collateral damage is reaching plague proportions.

Employers and employees must be aware that bullying and other issues such as sexual harassment are considered to have occurred in the workplace when it happens:

  • at the workplace
    • Where the harasser works
    • Where the person being harassed works
    • usually where they both work
  • at work-related events
  • at any event between colleagues outside of workplace
  • On social media between people who work at the same place irrespective of location of the parties at the time.
  • Via any communications devise of platform between people who work at the same place irrespective of location of the parties at the time.

What should employers do to restrict the Workplace Bullying all access pass

  1. Have a social media policy that clearly outlines the organisation’s behavioural expectations.
  2. Communicate the policy and expectations on a regular basis via social media, internal internet, newsletters, toolbox talks.
  3. Conduct training that reinforces the organisation’s behavioural expectations.
  4. Ensure that your employers know that they can report these matters and how to do so.
  5. Have pro-active and responsive mechanisms to deal with instances or reports of inappropriate behaviour via social media.

Taking a pro-active (policies & training) and a reactive (investigation) approach will not only lesson the impact of workplace bullying on your employees and your workplace it will also help to satisfy your duty of care.

Duty of Care

Everyone in a workplace has a duty of care to ensure that they do all that is reasonably practicable to ensure the safety of all others in the workplace.

Everyone have a duty of care to ensure that they take all reasonable steps to ensure that there is nothing in the workplace that could cause an employee to suffer an injury or to contract an illness. This includes taking reasonable steps to eliminate and/or respond to workplace sexual harassment.

Courts have found that workplace sexual harassment can lead to the development of psychological injuries such as anxiety, stress, depression, PTSD and in the worst cases lead to suicide.

Remember section 32 of the Work Health & Safety Act 2011 – more details

S32 Failure to comply with health and safety duty-Category 2

A person commits a Category 2 offence if:

(a) The person has a health and safety duty, (That’s you the employer) and

(b) The person fails to comply with that duty, (by doing nothing pro-active or reactive) and

(c) The failure exposes an individual to a risk of death or serious injury or illness (Your employee the victim of bullying)

Maximum penalty:

(a) In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)-$150,000, or

(b) In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking-$300,000.

The penalties are greater under section 31 – More details

Not sure what to do – AWPTI can assist you with training and investigation – www.awpti.com.au

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide

Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/
http://awpti.com.au/training/

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