| The idea of bullying has long been
| |
| | factory worker was the subject of violent
|
| associated with naughty children in a
| |
| | bullying he was wrapped in plastic by
|
| schoolyard. But in recent years, there
| |
| | his co-workers, rolled around on a
|
| has been increased awareness and
| |
| | trolley and covered in sawdust and glue.
|
| recognition in Australia that adults can
| |
| | What is interesting here is that the
|
| be bullies too. Nowhere is this notion
| |
| | director and factory foreman were found
|
| more alive than in the workplace, where
| |
| | to be personally liable under s 26 of the
|
| high stress levels and hierarchies create
| |
| | Act (liability of managers and
|
| a framework for day to day life.
| |
| | directors), even though they were not
|
| While the badly behaved child may be
| |
| | directly involved in the incident.
|
| ordered to stay away from school for a
| |
| | Indeed, if the risk of bullying is
|
| day, a bully in the workplace risks
| |
| | foreseeable, employers can be held
|
| paying for her or his mistakes in a
| |
| | liable. In other words, they do not only
|
| courtroom. Although there is no single
| |
| | have to react to bullying, they also need
|
| statutory avenue for a claim in bullying,
| |
| | to be proactive in eliminating it so that
|
| recent cases in New South Wales reveal
| |
| | they ensure a healthy and safe working
|
| that there are a number of ways to seek
| |
| | environment.
|
| redress and claim damages if an
| |
| | So the claim for bullying succeeded but
|
| individual has been bullied in the
| |
| | what were the damages? When the case was
|
| workplace.
| |
| | first heard, the company was fined
|
| Bullying what does it mean?
| |
| | $24,000 and the director and the factory
|
| There is no official legal definition of
| |
| | foreman were personally fined $1000 each.
|
| bullying but there are a number of key
| |
| | But, in the second hearing, it was found
|
| characteristics that are commonly used to
| |
| | that the penalties imposed were too low
|
| describe bullying. The Law Society of New
| |
| | due to the seriousness of the matter and
|
| South Wales describes bullying as
| |
| | the need for deterrrance. In other words,
|
| behaviour that intimidates, offends,
| |
| | because bullying is often hidden or not
|
| degrades, insults or humiliates an
| |
| | talked about, the court felt that
|
| employee, possibly in front of
| |
| | deterring bullying in the future was a
|
| co-workers, clients or customers and
| |
| | significant factor in determining the
|
| which includes physical or psychological
| |
| | penalty. Ultimately, the personal fines
|
| behaviour.
| |
| | were bumped up to $9,000 for the director
|
| The essential ingredients of bullying
| |
| | and $12,000 for the factory foreman, who
|
| are:behaviour that intimidates, offends
| |
| | was directly responsible for supervising
|
| or humiliates;behaviour that places
| |
| | employers. Obviously, the courts have
|
| someones physical or psychological
| |
| | realised that bullying is not a matter to
|
| welfare at risk;usually, there is an
| |
| | be taken lightly.
|
| element of repeated treatment or
| |
| | Other avenues to claim for damages
|
| persistence (but this is decided on a
| |
| | In some cases, bullying in the workplace
|
| case-by-case basis);and there is no
| |
| | may become so unbearable that a person is
|
| intention needed.
| |
| | forced to resign from their job. Where
|
| Examples of bullying include sarcasm,
| |
| | this occurs, it may be possible for a
|
| threats, teasing or even physical
| |
| | person to claim for damages under the
|
| isolation. In the 1997 case of Dillon v
| |
| | Industrial Relations Act 1996 (NSW). This
|
| Arnotts Biscuits Ltd, a factory worker
| |
| | means that because a personal is
|
| was forced to work at an isolated
| |
| | effectively forced to resign from their
|
| workstation with her back to other
| |
| | job, an unfair dismissal claim arises and
|
| employees, because the boss wanted to
| |
| | a person may be able to seek
|
| toughen her up. This was described by the
| |
| | compensation. In Dillon v Arnotts
|
| Australian Industrial Relations
| |
| | Biscuits, the court found that the
|
| Commission as incessant bullying. On the
| |
| | incessant bullying of a factory worker by
|
| other hand, one off instances such as
| |
| | her boss had led to constructive
|
| someone swearing when they are stressed
| |
| | dismissal. She recommenced her work and
|
| may not be considered bullying.
| |
| | was reimbursed for her lost income.
|
| Claiming for damages
| |
| | Bullying in the workplace may also create
|
| The Occupational Health and Safety Act
| |
| | a claim for damages if it constitues a
|
| 2000 is perhaps the most direct basis
| |
| | form of discrimination. In New South
|
| upon which to claim damages for bullying
| |
| | Wales, it is against the law to bully or
|
| in a New South Wales workplace. The first
| |
| | harass someone on the basis of their
|
| stated goal in s 3 of this Act is
| |
| | race, sex, pregnancy, marital status,
|
| precisely concerned with securing and
| |
| | religious beliefs, sexuality or
|
| promoting the health, safety and welfare
| |
| | disability. This idea is captured in the
|
| of people in the workplace. In s 8 of the
| |
| | Anti-Discrimination Act 1977 (NSW), but
|
| Act, the duties of an employer are listed
| |
| | there are also a number of Commonwealth
|
| more specifically. Among other things, an
| |
| | Acts which prohibit discrimination in
|
| employer is responsible for ensuring that
| |
| | (and out) of the workplace.
|
| systems of work and the working
| |
| | From the boardroom to the courtroom
|
| environment of the employees are safe and
| |
| | Bullying is bad for the workplace because
|
| without risk to health.
| |
| | it reduces efficiency, motivation and
|
| In the 2004 case of Inspector Maddaford v
| |
| | self-confidence, as well as increasing
|
| Coleman, the New South Wales Industrial
| |
| | stress, anxiety and mental health days.
|
| Relations Commission confirmed an earlier
| |
| | But nowadays, bullying in the workplace
|
| decision that a timber joinery company
| |
| | is also a potential lawsuit. It is
|
| had breached its duty under s 8 of the
| |
| | apparent in the law and in the courtroom
|
| Occupational Health and Safety Act 2000
| |
| | that bullying can give rise to claims for
|
| by failing to ensure a healthy and safe
| |
| | damages in New South Wales.
|
| workplace. In this case, a 16 year old
| |
| |
|
