Aussie workplace ‘bully’ driving female colleagues to tears

A group of women have been left “in tears” after being on the receiving end of a male co-worker who regularly “crosses the line”.

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

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 a victim of workplace bullying.

QUESTION: I love my job, but there’s one senior member of the team who seems to delight in being a workplace bully. He is constantly patronising and loves to mansplain basic information to experienced and competent female staff members, and most of us have been reduced to tears at one point or another. Complaints have been made to our boss and to HR but nothing seems to change, because he manages to just avoid crossing the line every time. Can we finally get him to stop, or is it time to start job hunting? – Beth, Tas

ANSWER: Beth, it sounds like a very challenging time for you and your colleagues.

Despite the comment that he has avoided ‘crossing the line’, there may be gender discrimination and/or bullying at play here.

What’s considered ‘bullying’ in the workplace?

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 include:

1. Unjustified criticism (possibly when he patronises you)

2. Offensive language or comments (“mansplaining” could fall within this depending on the content of what he is saying)

3. Excessive scrutiny of work performance

4. Behaviour that humiliates, insults or ridicules

It sounds like the behaviour you have described is occurring regularly and it could be classified as bullying.

It sounds like the behaviour could be classified as bullying. Picture: iStock

Sex discrimination

Given you describe his behaviour as directed towards female staff, it could also be gender discrimination.

The Sex Discrimination Act is federal law which makes it illegal to discriminate against someone (treat them unfairly) on the basis of a number of things, one of which is gender.

Each state has a similar law. In Tasmania, where you reside, it is the Anti-Discrimination Act.

The law states that treating someone less favourably because they are a woman is unlawful.

It is also against the law to behave in a way that offends, humiliates, intimidates, insults or ridicules another person on the basis of their gender.

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

In writing

It is disappointing to hear that your complaints have not been actioned to your satisfaction.

It is unclear if the complaints you and your colleagues have made have been in writing, or whether a formal grievance was lodged.

Such complaints should always be made in writing and be concise and straight to the point.

The more evidence you have of the complaints, the better. This could include emails, statements from co-workers who have been subjected to or witnessed the behaviour, or even your own diary or notes of what happened.

Mental health

If the behaviour is impacting your health, it will be useful to include this too.

Your employer has a responsibility to provide you with a safe workplace. This includes ensuring you are not subjected to any bullying or discrimination, 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 will you in some government departments.

If the behaviour is impacting your health, it will be useful to include this too. Picture: iStock

Fair Work Commission

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.

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

Outcomes can include an apology or monetary compensation. Picture: iStock

Equal Opportunity and Human Rights Commission

In relation to the gender discrimination, you can consider lodging a complaint for sex discrimination with the Equal Opportunity and Human Rights Commission. This should usually be lodged within 12 months from when the incident/s took place.

Alternatively, you can make a complaint with Equal Opportunity Tasmania.

In these processes there will usually be a conciliation conference where the parties discuss the complaint with an impartial person and attempt to resolve the dispute. Outcomes can include an apology or monetary compensation, but these organisations cannot require any party to agree to a certain outcome.

If a complaint is not resolved at conciliation you can take the complaint further to the Tasmanian Civil and Administrative Tribunal, who will hear the matter and make a decision.

As you can see, your rights in relation to workplace discrimination and 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.

If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]. Get more from Alison and Jillian on their Facebook page.

Originally published as Aussie workplace ‘bully’ driving female colleagues to tears