Despite growing awareness, workplace bullying and harassment continue to be among Australia’s most reported psychosocial hazards. The impacts are far-reaching – driving stress, absenteeism, and turnover. In 2022-23, work related harassment and/or workplace bullying accounted for 27.5% of WorkCover claims.
Workers exposed to psychosocial hazards in the workplace are at an increased risk of developing work-related psychological injuries and experiencing poorer mental health outcomes. This makes it essential for employers to take a proactive approach to prevent and address bullying and harassment in the workplace.
What is bullying and harassment?
Workplace bullying is described in the ‘Managing the risk of psychosocial hazards at work – code of practice 2022’ as repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. This includes bullying by workers, clients, patients, visitors, or others.
Harassment is described as offensive remarks or behaviour directed at a worker or group of workers based on personal characteristics such as age, disability, race, sex, relationship status, family responsibilities, sexual orientation, gender identity, or intersex status.
What proactive steps can employers take to address bullying and harassment?
Employers and employer systems can have the greatest impact on whether employees will experience bullying and harassment in their workplace.
Step 1: Develop and communicate a clear policy
Workplace policies are important because they establish organisational standards and set clear expectations for compliance and desired behaviours.
When establishing and implementing a workplace bullying and harassment policy it is essential to include:
- Definition of bullying and harassment including specific behaviours that are unacceptable and/or examples to clarify what constitutes bullying and harassment.
- Reporting procedures – ensure you have clear procedures for reporting incidents of bullying and harassment
- Investigation processes
- Consequences – specify zero tolerance and consequences for breaching the policy
The policy needs to be communicated, read and understood by all employees for it to be enforceable and will need to be made easily accessible for reference. It is recommended to regularly review policies and incorporate additional strategies, where identified, based on conducted risk assessments such as surveys or employee feedback.
Employers can refer to our ‘Managing Psychosocial Hazards’ fact sheet for further information around the risk management approach.
Step 2: Training and awareness programs
Training is an essential part of creating awareness about undesired behaviours and being able to take steps towards preventing and managing workplace bullying. Induction training is crucial and should include:
- The standards of behaviour expected in the workplace including the use of social media if relevant
- How workplace bullying should be reported and how such reports are managed
- Where to go internally and externally for more information and assistance
There should also be refresher training conducted at least annually for all employees.
For businesses seeking assistance with their annual refreshers, we offer Respect At Work: Harassment & Discrimination In House Training
Managers and supervisors will need additional training as they need the skills to be able to identify bullying or harassment behaviour and put the right control measures in place. They will also need to understand how to prevent and respond to any incidents that occur and help to be part of the businesses’ proactive culture.
Step 3: Encourage reporting and establish support mechanisms
A strong reporting process will encourage workers to raise concerns; this is ideal for being able to quickly respond to incidents or undesired behaviour that may be occurring in the workplace.
Workers may not report these behaviours because they may think it is not serious enough to report or they may fear being blamed or believe that reporting incidents may expose them to additional harm or being targeted with the same behaviour. This is where training and awareness of your workplace policy is important to alleviate any of this doubt and show that your workplace will take these incidents seriously.
There are various ways workers can report workplace bullying and/or harassment The reporting process should be appropriate to the organisation and needs to be incorporated into training and policies for employees to understand. Some channels could include:
- Direct Manager/Supervisor or a Human Resources representative
- WHS Representative if applicable
- Implement confidential reporting channels that are easy to access.
Ensure employees feel safe to report incidents without fear of retaliation and provide support services, such as Employee Assistance Programs (EAPs), counselling, or mental health resources if required.
Step 4: Investigate and respond promptly
Workplace bullying and harassment is best managed by investing to allegations as soon as they have been raised or as soon as possible after suspecting or becoming aware there is a problem. All incidents should be treated promptly, taken seriously whilst maintaining confidentiality of all parties during the investigation process.
Before progressing to a formal investigation, things to consider when responding to workplace bullying or harassment include:
- Is the behaviour bullying or harassment or not?
- Does the situation warrant measures to minimise the risk of ongoing harm?
- Do you have a clear understanding of the issues?
- Can the matter be safely resolved between the parties or at a team level?
Once you have gathered the appropriate information, if you have determined that workplace bullying or harassment is likely to have occurred the next step would be a formal investigation.
Step 5: Formal Investigation
The aim of an investigation is to determine what behaviour or behaviours has occurred and determine the circumstances of the incident.
The scope of the process should include:
Who will conduct the investigation?
It should always be conducted by an experienced unbiased person in the organisation or, if this is not possible it can be led by an external investigator.
- Details of the behaviour that will be investigated
- How the investigation will be conducted and likely timeframes
- What the investigation aims to achieve
- What support needs to be provided to the parties involved (for example offering a support person, Employee Assistance Program)
- How outcomes of the investigation will be communicated.
Ensure you inform the parties of the investigation as it is important to allow a fair process and to record the statements from both sides. They should be advised:
- Who will be conducting the investigation
- Their obligations and the obligations of all parties involved regarding confidentiality
- The expected timeframes of the investigation
- Who can be present at the interviews (e.g. support person)
- How the issue will be investigated
- Any interim measures if applicable that are in place whilst conducting the investigation to ensure the health and safety of all parties (e.g. temporary re-assignment, separating the parties involved or granting leave)
- Possible outcomes from the investigation (e.g. disciplinary action)
Once you have investigated and made your findings this should be communicated to the parties involved accordingly and actions should be taken consistent with relevant company policies and procedures which may be different in each situation depending on the severity of the substantiated allegations.
How can Business Chamber Queensland help?
Business Chamber Queensland’s Workplace Advisory team can support employers with policy compliance and investigation consultations. Our team also offers external investigator consultancy services and in-person and online bullying and harassment training for businesses of all sizes.