Workplace bullying can occur in any work environment, from offices to shops, community organisations and government departments. Employers have a legal responsibility under Occupational Health and Safety and anti-discrimination law to provide a safe workplace and one which is free from verbal, physical, social or psychological abuse. Bullying can have serious effects on the health and safety of individuals, which in turn can result in a loss in productivity with legal ramifications for the employer.
Every organisation should have policies which outline how people are to treat each other at work. Commonly called a ‘Code of Conduct’, the policy should be easily accessible to all staff and outline what is (and is not) appropriate behaviour. In addition, the actions that will be taken to deal with unacceptable behaviour should also be detailed in workplace policies, as well as internal grievance procedures.
At the recent 22nd Labour Law Conference in Sydney, Jonathan Hamberger (Senior Deputy President of Fair Work Australia) told the audience he believes “the key to tackling bullying in the workplace lies with line managers”. This will only be effective if the manager has an appropriate level of authority to resolve these issues, combined with superior people management skills and interpersonal skills.
An effective line manager should have the following people management skills:
Through the use of external assessment tools in the hiring and/or promotion process, these skills can be identified and assist the decision making procedure. Being able to identify the behaviours you are after, is the first step to ensuring you have the right candidate for the role and who will suit your organisation. There are also many training opportunities for managers to develop anti-bullying strategies to cover obligations, responsibilities and leadership skills.
Managers can be held liable for acts of unlawful discrimination, harassment or bullying even if they were not directly involved in the actual incident. Managers not only need to protect their employees, but also themselves against future lawsuits!
When line managers have the opportunity to deal with bullying issues at a workplace level, the social and psychological costs (to both the victim and organisation) are reduced. Not to mention the financial costs. The formal channels will always exist, supported by the Fair Work Commission, as well as legal processes.
With more effective and skilled line managers, staff making claims of bullying and harassment can be a very rarely used last resort.
