How to tackle office bullies when your boss won’t

A renowned bully has been promoted despite multiple complaints against her, but our legal experts explain why work law will ultimately protect the victims.

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 on what can be done when a work colleague’s bullying is ignored.

QUESTION: There’s a woman at my work who has consistently bullied many members of staff. When new people start she seems to decide whether she loves or hates them and will either act like their new best friend or make their life hell. It’s a pattern that I’ve observed from afar and also been a victim of. If she doesn’t like you then she will make sly digs criticising your work or behaviour. She undermines people when they express an opinion and ostracises people from social events. Management has been informed of the way she behaves but has never reprimanded her (as far as I know). She was recently promoted to a management position and I was genuinely shocked that they thought she could oversee people. Are employers allowed to promote people who have a track record of bullying? – Anon, Victoria

ANSWER: Your employer has an obligation to do everything reasonable to provide you with a safe workplace.

This includes ensuring the workplace is free from any conduct (such as bullying) that creates a risk to health and safety.

Based on what you have described, promoting this person to manager – a position of power – does seem like questionable behaviour.

But let’s consider her and your employer’s actions in more detail.

Bullying at work includes offensive language or comments, and undermining others. Picture: iStock

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 the things you have described, namely:

• the unjustified criticism of your work or behaviour

• deliberately excluding someone from the workplace, or in your case, from social activities

• offensive language or comments – this could include undermining others

• excessive scrutiny of work performance

It sounds like the behaviour you have described is occurring on a regular basis and many of your co-workers are subjected to it. As such, it is likely to be classified as bullying.

We note your comments that you do not believe she has been reprimanded.

Your employer may have taken action in response to complaints, but for privacy reasons they may not have communicated this with yourself or those who have complained.

However, given she has been promoted, it is reasonable to question whether any action has been taken.

Given she has been promoted, it is reasonable to question whether any action has been taken. Picture: iStock

Moving forward, we would suggest that you and your co-workers start keeping records or notes of the behaviours that are occurring (with specifics around what happened, who was involved and when).

You have said that management have been advised about her behaviour, but it’s unclear if a formal complaint has been made.

Given your prior discussions with your employer haven’t resulted in a change in behaviour, then you (and your colleagues) should make a complaint in writing.

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

She ostracises people from social events. 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, if any, on 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.

If they are covered by the anti-bullying laws, 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.

It will be useful to include the impact that the behaviour is having, if any, on your health. 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 could also contact them to check your eligibility and request further assistance.

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. 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 How to tackle office bullies when your boss won’t