Sisters In Law: What is considered workplace bullying?

A colleague is making this man’s life “hell”, but what can he do to improve his situation at work?

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise what to do when a work colleague makes life difficult for you.

Question:

I’ve been having a difficult time at work and it’s got me wondering about what constitutes workplace bullying. A colleague (who is my equal and not my boss) is making my life hell.

I started a year ago and from day one she’s been difficult.

She’s nice in front of people but in private messages she makes me feel small by undermining what I say and rubbishing my ideas. She also orders me around even though she’s not my manager.

I’ve screengrabbed her messages but other than that I’m not sure what to do. Every time I see an email pop up from her my heart drops and I feel anxious.

I know other people have had difficulties with her but I don’t know if she’s ever been reported to HR. What can I do? – Eric, Victoria

His heart drops when he receives an email. Picture: iStock

Answer:

It sounds like it’s been a very challenging period for you Eric, and now is the time to take some proactive steps to ensure this situation doesn’t impact further on your health.

Employees who are subject to workplace bullying and harassment often put the issue to one side and wait until it gets really bad before taking steps to address it.

Workplace bullying is repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.

Some behaviours that may be considered unreasonable can include:

1. unjustified criticism (possibly ‘rubbishing your ideas’ as you have described)

2. offensive language or comments

3. excessive scrutiny of work performance

4. deliberately excluding someone from workplace activities

Any records or notes you can make of what happened and when it happened will be useful to keep as proof of what has been occurring. Picture: iStock

It sounds like the behaviour you have described is occurring on a regular basis and it could be classified as bullying.

You have done the right thing by keeping screengrabs of the private messages you are being sent.

Any records or notes you can make of what happened and when it happened will be useful to keep as proof of what has been occurring.

You should find out if your employer has a bullying policy and reporting procedure, and if so, follow the recommendations in that.

That policy will usually say to firstly speak with, for example, human resources or your supervisor about the behaviour.

You could also reach out to your colleagues that have also had difficulties with the perpetrator and encourage them to report the behaviours.

If speaking with your employer and sharing your concerns doesn’t result in a change in behaviour then you should make a complaint in writing.

A written omplaint may be needed and it should refer to any evidence you have. Picture: iStock

Your complaint should refer to any evidence you have. Be concise and stick to the key points. It will be useful to include the impact that the behaviour is having on your health.

Your employer has a responsibility to provide you with a safe workplace. This includes ensuring you are not subjected to any bullying or harassment, and taking steps to protect you and your health.

Depending on who your employer is, your employment may be covered by the national anti-bullying laws. If your employer is a sole trader or a partnership you will not be covered, nor are some government departments.

You may be eligible to lodge a stop bullying action with the Fair Work Commission.

As well as the national 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, enterprise agreements in the workplace, and occupational health and safety law.

As well as the national anti-bullying laws, workplace bullying may also be covered by discrimination law. Picture: iStock

The Commission provides a free legal advice service (for those not represented by a lawyer or a member of a union) through the Workplace Advice Service, so you should contact them to check your eligibility and request assistance.

You should also be aware that you may have an entitlement to workers’ compensation, to cover you for time off work or medical treatment, if you are suffering from an injury (such as anxiety) caused by your employment.

As you can see your rights in relation to workplace bullying can vary so the earlier you take action and/or get advice, the better.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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Originally published as Sisters In Law: What is considered workplace bullying?