Workplace bullying and harassment are not just unpleasant experiences—they are serious psychosocial hazards that can lead to permanent psychological injury.
Recent changes to Australian WHS laws mean employers now have a positive duty to eliminate these hazards, just as they would a physical risk like a slippery floor or exposed wiring.
Understanding these dynamics is critical. If you are failing to manage these risks, you aren’t just facing a staff morale issue; you are facing a legal liability. If you need to assess the risk in your team, a professional Melbourne workplace bullying investigation is the first step to compliance.
What are Psychosocial Hazards?
Psychosocial hazards are aspects of work that can harm mental health. Bullying and harassment are the most prominent examples.
Common behaviours include:
- Verbal Abuse: Insults, threats, and derogatory comments.
- Exclusion: Deliberately isolating an employee from meetings or social events.
- Role Overload: Setting impossible deadlines to set someone up to fail.
- Unfair Treatment: Applying rules inconsistently to target one person.
These behaviours create a hostile environment. Whether the perpetrator is a manager, a peer, or a subordinate, the outcome is the same: the creation of a risk to health and safety.
From “Hurt Feelings” to Psychological Injury
When these hazards are left unchecked, they cause injury.
Victims often experience:
- Acute Stress & Anxiety: Persistent dread about going to work.
- Depression: Feelings of hopelessness and withdrawal.
- PTSD: In severe cases of harassment, victims can suffer long-term trauma.
For the employer, this results in high absenteeism (“stress leave”), increased Workers’ Compensation premiums, and massive turnover costs.
The Escalation Cycle
Most psychological injuries are preventable if caught early.
1. The Informal Stage
Complaints often begin as quiet grumbles. A victim confides in a colleague. If management ignores this “noise,” the hazard remains.
2. The Formal Grievance
The victim files a written complaint. If the internal investigation is perceived as biased (e.g., “The manager investigated their own friend”), the psychological injury worsens due to the feeling of injustice.
3. The External Claim
The employee goes to the Fair Work Commission or WorkSafe. At this point, the company is on the back foot defending a legal claim.
Managing the Risk Across Locations
This duty of care applies everywhere. Whether your team is in a city office, a manufacturing plant requiring workplace investigations in Ballarat, or a regional site in Wagga Wagga, the standard of safety is identical.
You cannot claim “it’s just the culture in this town.” The law requires you to protect workers from harm, regardless of location.
Effective Management Strategies
To prevent psychological injury, you must move from “reacting” to “preventing.”
- Policy & Training: Establish a clear zero-tolerance policy. Train managers to spot the early signs of distress (e.g., withdrawal, sudden performance drops).
- Support Systems: Ensure staff have access to an Employee Assistance Program (EAP).
- Impartial Investigations: When a complaint is made, investigate it thoroughly.
Engaging an external investigator is often the most effective control measure. It ensures the process is unbiased, which reduces the stress on all parties and demonstrates that the company takes the hazard seriously.
Conclusion
Bullying is a safety issue. Addressing it promptly is the only way to prevent psychological injury and maintain workplace harmony.
By establishing clear policies and conducting impartial investigations, you protect your staff and your business.
Is Your Team at Risk?
Don’t wait for a WorkCover claim. Jolasers can investigate psychosocial hazards discreetly and professionally.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Ballarat | Wagga Wagga
Common Questions
What is a ‘Positive Duty’?
Under the Sex Discrimination Act, employers must actively take reasonable steps to eliminate sexual harassment. You cannot just wait for a complaint; you must proactively manage the risk.
Can I be sued for stress?
Yes. If an employee suffers a psychological injury because you failed to manage bullying, they can claim Workers’ Compensation and potentially sue for negligence.
How do I prove psychological injury?
It usually requires a diagnosis from a medical professional (GP or Psychologist) linking the condition (e.g., adjustment disorder) directly to the workplace events.