Workplace bullying is a serious problem that can have devastating consequences for both employees and employers. It destroys morale, tanks productivity, and exposes businesses to significant legal liability.
It is generally defined as a pattern of behaviour that intimidates, degrades, humiliates, or isolates an employee. While physical violence grabs headlines, psychological manipulation is far more common—and often harder to prove.
If you suspect a toxic culture is developing in your team, you may need to launch a Melbourne workplace bullying investigation to identify the root cause before it escalates.
What is Workplace Bullying? (The Legal View)
Under the Fair Work Act, bullying occurs when an individual (or group) repeatedly behaves unreasonably towards a worker, and that behaviour creates a risk to health and safety.
Crucial Distinction:
Bullying is different from Reasonable Management Action. A manager giving fair, constructive feedback on poor performance is not bullying. However, if that feedback is delivered aggressively or used to humiliate the staff member, the line has been crossed.
Types of Aggression
Bullying is rarely one-dimensional. It often manifests in a combination of:
- Verbal Abuse: Name-calling, mocking, or shouting.
- Psychological Manipulation: Gaslighting, setting impossible deadlines, or “moving the goalposts.”
- Social Exclusion: Deliberately excluding someone from team meetings or lunches (“freezing out”).
- Work Sabotage: Withholding information needed to do the job or taking credit for another’s work.
Note on Physical Violence:
While listed as bullying, physical aggression (pushing, hitting) is a criminal matter. Employers must treat threats of violence as an immediate emergency, often requiring police involvement.
Signs Your Staff Are Being Bullied
Bullying is insidious. Victims often suffer in silence due to fear of retaliation. Employers must look for subtle red flags:
- Withdrawal: An outgoing employee suddenly becomes quiet and avoids social events.
- Physical Symptoms: Increased sick leave due to headaches, stomach aches, or stress.
- Performance Dip: A high performer suddenly starts making errors or missing deadlines due to anxiety.
How to Address It (For Employers)
If you suspect bullying, you have a duty of care to act. Ignoring it is not an option.
1. The Policy Framework
You must have a clear anti-bullying policy. It should state zero tolerance and outline the reporting process. If you need help reviewing your policies, an external HR investigation consultant can help identify gaps in your compliance.
2. The Investigation
If a formal complaint is lodged, you must investigate. This involves:
- Interviewing the complainant and the accused.
- Gathering evidence (emails, witness statements).
- Making a finding based on the facts.
Whether you are in the CBD or conducting workplace investigations in Geelong, the standard of procedural fairness remains the same. The accused must be given a chance to respond.
Strategies for Victims
If you are the target, you are not powerless.
- Document Everything: Keep a diary of every incident (Date, Time, What was said, Witnesses).
- Seek Support: Talk to a trusted colleague or your EAP provider. Isolation feeds the bully’s power.
- Report It: Escalate the matter to HR or a supervisor. If you do not report it, the company cannot fix it.
Conclusion
Workplace bullying is a safety hazard, just like a slippery floor or exposed wiring.
By taking the time to recognize the signs and enforcing a zero-tolerance policy, employers can ensure their workplace remains safe, respectful, and productive.
Bullying Allegations?
Don’t let toxic behaviour destroy your team. Jolasers investigates bullying claims with sensitivity and rigour.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Bullying Investigations | HR Support
Common Questions
What if the bully is my boss?
This is common. If you cannot report it to them, check your policy for an alternative contact (e.g., HR, a Director, or an external whistleblower service). You can also apply to the Fair Work Commission for a Stop Bullying Order.
Is a single incident bullying?
Generally, no. The definition requires ‘repeated’ behaviour. However, a single incident can still be misconduct, harassment, or assault depending on severity.
Can I be anonymous?
You can make an anonymous report, but it limits the investigation. For the accused to respond fairly (procedural fairness), they usually need to know the specific allegations, which often identifies the source.