How to respond to a complaint of bullying in the workplace?
How to respond to a complaint of bullying in the workplace?
In response to a complaint of bullying in the workplace, employers should refer to any relevant policies (such as a grievance policy or anti-bullying policy) or other procedure provided in an applicable contract of employment or enterprise agreement.
What does it mean to be bullied at work?
Bullying can also happen from staff towards a more senior employee, a manager or an employer (this can be called ‘upward bullying’ or ‘subordinate bullying’). It can be from one employee or group of employees.
Can a bully be reported to a manager?
Most bullying happens out of sight of others, so you might not have any witnesses. This does not stop you reporting the bullying to your manager to get the situation resolved. See more advice on how to raise a problem at work.
When to consider separating employees due to bullying?
If for example, the complaint is made by one employee against another employee in the same team and there is the risk that the bullying will continue, or it involves a complaint by one employee against his/her supervisor, employers should consider whether the employees should be separated until the complaint has been resolved.
Is it illegal to bully someone at work?
Bullying is not categorically illegal at the national level. There is no federal law prohibiting workplace bullying across the board. Even so, many times, the bullying that happens in a workplace will qualify as harassment under Title VII of the Civil Rights Act.
What happens if you make a Bullying report?
If a report of bullying is found to be vexatious or malicious, disciplinary action or counselling may be considered against the person who made the report. Any action taken should be consistent with the organisation’s policies on misconduct and disciplinary action.
In response to a complaint of bullying in the workplace, employers should refer to any relevant policies (such as a grievance policy or anti-bullying policy) or other procedure provided in an applicable contract of employment or enterprise agreement.
If for example, the complaint is made by one employee against another employee in the same team and there is the risk that the bullying will continue, or it involves a complaint by one employee against his/her supervisor, employers should consider whether the employees should be separated until the complaint has been resolved.
How is an investigation into bullying and harassment done?
An investigation into a bullying and harassment matter usually follows a consistent or standard process, as suggested by the example set out in this guide.
Can a company be liable for bullying in the workplace?
Left unaddressed, workplace conflict can escalate to workplace bullying, exposing employers to liability for failing to respond to these behaviours. This is part three of a series of articles on bullying by Shane Koelmeyer, Director, Workplace Law. To read part one, click here or to read part two, click here.