A worker is bullied at work if an individual (or a group of individuals) repeatedly behaves unreasonably towards a worker (or a group of workers), and that behaviour creates a risk to health and safety. It is irrelevant whether the individual, or individuals, who are bullying intend to bully the victim.

In recent years Taxcellent Consulting Services has campaigned for the introduction of a national anti-bullying law. We are delighted that new federal anti-bullying laws came into effect on 1 January 2014. These laws are designed to stop workplace bullying promptly. However, the laws do not entitle bullying victims to monetary compensation or reinstatement.

Unreasonable behaviour includes:

• constant unjustified criticism or complaints
• constant threats to sack or demote
• excluding someone from workplace activities
• inconsistent and arbitrary enforcement of rules
• setting unreasonable timelines
• deliberately changing work arrangements in order to inconvenience someone
• setting tasks that are unreasonable
• excessive scrutiny of work performance
• withholding information or tools required to perform work
• taking credit for another employee’s work and failing to acknowledge that employee
• verbal abuse
• physical assault.

It is important to note that bullying involves repeated unreasonable behaviour. A single incident is insufficient.

There are a range of behaviours that could amount to bullying. However, reasonable management action carried out in a reasonable manner does not constitute bullying. A performance assessment that you disagree with will not constitute bullying provided that it is conducted in a reasonable manner.

Behaviours involving unwanted physical contact or damage to property may also constitute criminal offences. If you experience any such behaviour, you should consider reporting the matter to the police.

In addition to seeking legal advice, there are a number of simple things that you can also do which may assist:

• Keep a diary. Take notes of all the workplace bullying and harassment that happens to you, including when it happens and who the perpetrator is.
• Be informed. Make sure you have a copy of your contract of employment, enterprise agreement and workplace policies and procedures that deal with occupational health and safety and harassment.
• If you are a union member, contact your union. Many unions are experienced in dealing with workplace bullying and harassment. If the workplace bullying and harassment is affecting a number of employees there are advantages to addressing it collectively.
• Address the situation early. Employees who are subject to workplace bullying and harassment often put the issue to one side and wait before it gets really bad before addressing it. By this time the employee may have already suffered a work related stress injury; if this is the case, they may not be able to continue working.
• Make a complaint. Employees who make a complaint or inquiry in relation to their employment are protected from adverse action under the Fair Work Act 2009. Ideally, you should get advice prior to making a complaint.  It is better if the complaint is in writing because this will be easier to use as evidence, should the need arise. When writing a complaint be concise and stick to the key points. You should also check any policies that your employer has relating to complaints, grievances, bullying or equal opportunity. These policies may detail the form and process for making a complaint.
• Take care of your health. Your mental and physical health is very important. If workplace discrimination, bullying or harassment is affecting you, make sure you see your doctor about it.
• Seek advice. Working out which legal or practical decisions to make can be difficult with workplace discrimination cases. We can provide support and advice on a range of legal and personal matters.

Your rights in relation to workplace bullying can vary according to a number of factors including the nature of the workplace bullying and the reason or reasons for the workplace bullying.

The Federal Government introduced new laws specifically designed to combat workplace bullying. The laws commenced operation on 1 January 2014. Click here for more information on your rights with respect to these new laws.

As well as the 2014 anti-bullying laws, workplace bullying may also be covered by discrimination law, general protections under the Fair Work Act 2009, unfair dismissal law, employment contract law and enterprise agreements in the workplace, and occupational health and safety law.