Are we really serious about Workplace Bullying?

There’s no doubt that the movement to stamp out bullying in the workplace has come a long way.  I don’t mean to be negative but despite the introduction of legislative provisions allowing for the making of Stop Bullying Applications to the Fair Work Commission in January 2014 and the existing focus on bullying being a Workplace Health & Safety issue, bullying still seems to be slipping through the cracks.

The first crack that bullying slips through is the workplace – and it does!  Most organisations are now doing at least annual training for awareness about what bullying is and education of employees as to where support can be gained if they or colleagues are victims.  But, let’s not forget that stamping out bullying or any other undesirable behaviour requires a holistic approach (which aligns to the way we work at HR Business Direction).  Measures aimed at preventing bullying need to be backed up and supported by strong organisational values, a health and safety focus, positive leadership, strong teamwork and, let’s not forget, good HR Management.  There has even been recent research at UQ by Yigiong Li and colleagues to suggest that jobs with a low level of discretion and autonomy are more likely to experience bullying at work.   If there is a failure in any one of these organisational elements, bullying is unlikely to be dealt with appropriately and employees may feel unheard, not believed or that the organisation either won’t or can’t do anything to assist.  When this happens, employees may well feel that they have fallen between the cracks and be driven to have the matter dealt with  externally.

For employees in this situation, going externally isn’t a negative thing as they at least have somewhere to go.  For employers, however, external determination of bullying matters can be even more time consuming and certainly costly than taking the time and spending the resources to ensure that they are equipped to prevent and deal with workplace bullying.

If employees go to the Fair Work Commission, it now has the power to issue a Stop Bullying Order.  The trouble with this is there is no follow up from the Commission to made sure the bullying has stopped (unless it there has been a contravention of an order and this is brought to the Commission’s attention).  Furthermore, the Commission won’t normally get involved unless the employees has first gone through internal procedures, if they exist.  If the bullying is not sufficiently addressed by the Order, the next contact that the bullied employee would have with the Fair Work Commission may well be when they make an unfair dismissal or adverse action claim – when it’s too late for the Commission to do anything about it.

If employees go to the Workplace Health and Safety Regulator with a bullying complaint, it may get dealt with.  An inspector may investigate but probably not as promptly or as definitely as they would for risks of physical to health and safety.  Alternatively, the bullied employee may make a workers’ compensation claim for a resulting psychological claim – again, when the damage has been done and  it’s too late.

I recently had the honour of chairing a joint event for AHRI with AHRI QLD Council, SIA and IRSQ on the ‘Blurred Lines of Bullying’ with some great panel speakers.  Whilst the event topic is a little off point, one of the speakers, Dr Rebecca Michalak, Psych Safe Consulting, suggested that the Fair Work Commission and Workplace Health & Safety regulators should talk to each other.  If this happened we might see that Bullying was at least managed, if not stopped and prevented from happening again.

So, without being negative and without being disrespectful or pointing the finger at anyone in particular, does it really sound to you that employers, employees, the Fair Work Commission or Workplace Health and Safety Regulators are really serious about bullying in the workplace – preventing as the first priority and if not ensuring that it stops and doesn’t happen again?

To us, it seems that the best way to address bullying is through ongoing awareness, education and training, the fostering of strong organisational and cultural values, an organisational focus on health and safety, positive leadership, strong teamwork and good HR Management.

At HR Business Direction we can assist with preventing and managing Workplace Bullying, get in contact to find how.

Leisa Messer FCPHR; BBus (HRM); GradDipIR; CAHRI; IRSQ
Human Resources Strategist
leisa.messer@hrbd.com.au
07 3890 2066
www.hrbd.com.au

Relevant blogs & information: Preventing & Managing Workplace Bullying training;  Bullying or not, whatever way you look at it it’s costing you; Bullying! Straight to the Principals Office; Bullying vs Abrasive Behaviour: Does the Distinction Really Matter?