Key Takeaways
- Workplace bullying and discrimination negatively impact employees' well-being and workplace culture, with every employee in Victoria entitled to a safe environment free from harassment.
- Workplace bullying involves repeated, unreasonable behavior that risks an individual's health and can include intimidation, unfair criticism, exclusion, and unjustified task allocation.
- Workplace discrimination occurs when unfair treatment is based on protected characteristics like age, gender, race, religion, disability, and occurs in forms like refusal to hire or unlawful dismissal.
- Bullying overlaps with discrimination when the bullying targets individuals due to their protected characteristics, highlighting the importance of recognizing such unlawful conduct.
- Employees can address bullying and discrimination by documenting incidents, informing employers, seeking medical advice, and escalating issues to bodies like WorkSafe Victoria and Fair Work Commission.
Workplace bullying and discrimination are pressing concerns that can negatively impact employees’ well-being, productivity, and overall workplace culture. Every employee in Victoria is entitled to a safe and respectful environment, free from harassment, victimisation, and unfair treatment.
This guide offers a comprehensive overview of workplace bullying and discrimination, explains how to identify these behaviours, and outline steps to address them. It also provides information on your rights under Victorian law and resources available to support those affected.
What is Workplace Bullying?
Workplace bullying refers to repeated, unreasonable behaviour directed at an individual or group that poses a risk to their health and safety. Examples include:
- Intimidation: Behaviour that causes fear, humiliation, or offence.
- Unfair criticism: Persistent, unjustified negative feedback about work performance.
- Exclusion: Deliberately isolating someone from workplace activities or communication.
- Withholding information: Preventing access to resources or details necessary to perform work effectively.
- Unjustified task allocation: Assigning duties below a person’s skill level or unrelated to their role.
Bullying can occur in person, over the phone, or through digital communication such as emails or social media.
What is Not Considered Bullying?
It is important to distinguish bullying from other workplace behaviours. The following do not constitute bullying:
- One-off incidents: Isolated actions that do not create an ongoing risk to health and safety.
- Reasonable management practices: Performance reviews, disciplinary actions, and task allocation conducted fairly and respectfully.
- Workplace disagreements: Constructive and professional differences of opinion.
What is Workplace Discrimination?
Workplace discrimination occurs when an individual is treated unfairly because of personal characteristics that are protected under Victorian law. These include:
- Age
- Gender or sexual orientation
- Race, ethnicity, or cultural background
- Religion or belief
- Disability or mental condition
- Pregnancy or parental responsibilities
Discrimination can take many forms, and it often denies individuals equal opportunities or treatment in the workplace. Examples include:
- Refusal to hire: Declining to employ someone based on their race, religion, or gender.
- Limited opportunities: Denying promotions, training, or other career advancements due to a protected characteristic.
- Inappropriate interview practices: Asking discriminatory questions, such as whether a candidate plans to have children.
- Exclusionary workplace design: Creating workspaces that are inaccessible to individuals with disabilities.
- Unlawful dismissal: Terminating employment based on protected characteristics, such as pregnancy or age.
The Overlap Between Bullying and Discrimination
Bullying becomes discrimination when it targets someone due to a protected characteristic. For example:
- Excluding an employee from activities due to their ethnicity.
- Mocking someone’s disability or medical condition.
- Assigning tasks based on gender stereotypes.
Understanding this overlap is critical in recognising unlawful conduct.
Steps to Address Workplace Bullying
- Document the incidents: Keep a detailed record, including dates, times, locations, individuals involved and any witnesses.
- Inform your employer: Report the issue to your manager, supervisor, or HR department. Request that the matter be formally recorded and obtain a copy of the report.
- Seek medical advice: If bullying affects your mental or physical health, consult a doctor. A WorkSafe medical certificate can support compensation claims.
- Escalate the issue: If your employer fails to act, you can:
- Report the incident to WorkSafe Victoria if it poses a health or safety risk.
- File an anti-bullying application with the Fair Work Commission.
- Consult a legal professional for advice on further action.
Key Legislation
- Occupational Health and Safety Act 2004: Ensures safe working environments.
- Fair Work Act 2009: Provides avenues for addressing workplace bullying.
- Equal Opportunity Act 2010: Prohibits discrimination based on protected personal characteristics.
- Crimes Act 1958: Treats severe bullying as a criminal offence in extreme cases.
Resources and Support
- WorkSafe Victoria: Investigates workplace bullying that poses risks to health and safety.
- Fair Work Commision: Handles applications for orders to stop workplace bullying.
- Victorian Equal Opportunity and Human Rights Commission (VEOHRC): Investigates discrimination complaints and provides resources on employee rights.
- Victoria Legal Aid: Provides free legal advice for workplace discrimination and bullying cases.
- JobWatch: Offers employment law support for workers in Victoria.
Conclusion
Workplace bullying and discrimination are serious issues that must be addressed promptly and effectively. As an employee, you are entitled to a safe and fair work environment. If you experience bullying or discrimination, understanding your rights and seeking professional advice can empower you to take the necessary steps to resolve the issue and safeguard your well-being.
