Workplace bullying can be subtle or overt and is inherently linked to the power dynamics between different workers.
Sometimes, it can be difficult to define and differentiate between bullying behaviour and reasonable management action.
What is workplace bullying?
The definition of ‘workplace bullying’ is:
Repeated, unreasonable behaviour directed at an employee or group of employees that creates a risk to health and safety.
Examples of workplace bullying
Verbal abuse – for example: being sworn at, threatened, insulted, continual inappropriate and/or invalid criticism, name calling, practical jokes, unjustified threats of punishment, belittling and humiliation, gossip and malicious rumours, inappropriate language, yelling.
Unreasonable demands, unnecessary pressure and impossible deadlines, which are targeted at an employee or group of employees.
Unfair allocation of tasks and/or working hours – for example: repeatedly requiring a particular person to stay back after hours or rostering them onto night duty.
Undermining a person’s work performance, recognition or position, especially with their managers or co-workers.
Hostile behaviour toward an employee or group of employees, such excluding them from conversations or various activities.
Examples of reasonable management action
Examples of reasonable management action carried out in a reasonable manner include:
Genuine and reasonable instructions
Rostering and allocating working hours, where the requirements are reasonable
Constructively delivered feedback or counselling intended to help employees to improve their work performance or the standard of their behaviour.
How the law protects you
Both the Fair Work Act and Clause 14 of the Doctors in Training Enterprise Agreement (DiT EA) contain specific provisions setting out how to prevent and manage workplace bullying.
Clause 14 of the DiT EA details the steps your employer must take to prevent and eliminate Workplace bullying. This includes the requirement to have a workplace policy and procedure for Workplace bullying that sets out expected behaviour in the workplace, at work related events and in work related communications, and which sets out steps to take if you believe you are experiencing Workplace bullying.
In addition to the Enterprise Agreement, your employer has obligations under the Occupational Health and Safety Act to provide a workplace which is safe and free of risks to health. It is important to report work related incidents or health impacts to your GP because contemporaneous medical reports can assist if you need to take more formal steps to address work related issues such as bullying, including by making a WorkCover claim.
Click here to learn more about your DiT EA.
And if needed, we are here to support you – email us at [email protected]
Gina Moore is a Workplace Relations Advisor at AMA Victoria and Victoria Industrial Officer at Australian Salaried Medical Officers Federation (ASMOF) Victoria.