Today Australia hosts a No2Bullying conference. It is a timely conference as the debate on Australia’s changes to the Fair Work Act in relation to workplace bullying heats up.
Lawyer Josh Bornstein is particularly critical of the politicisation of the amendments and believes this increases the instability or remedies available to victims of workplace bullying by increasing pressure on under-resourced OHS regulators.
The amendments are unlikely to reduce the incidence of workplace bullying in Australia as they address post-incident circumstances.
As the new legislation is being passed through Parliament, the industrial relations, political and legal context will dominate the media, More…
This week in Australia the conservative Liberal Party released its much-anticipated industrial relations policy. Most commentary is that the policy is thin but in terms of occupational health and safety, the Liberal Party is supportive of the changes made concerning workplace bullying. Sadly, the commentary is often lazy.
One example of a careless headline is in the Herald Sun newspaper for 11 May 2013, “$20 million Budget boost to stop workplace bullying“. The Australian Government’s changes to the Fair Work Act do not prevent bullying, it only provides further options for remedy. OHS is principally about preventing harm and the Fair Work Act changes do not help in this aim. More…
Every year, around this time, the mainstream media reports on the findings of employee surveys of the Victorian public service. Each year the statistics on workplace bullying are featured. (The Age newspaper reported on the latest survey on 31 March 2013.) But the approach to an understanding of workplace bullying has changed over the last fifteen years or so. A brief look at the March 2001 Issues Paper on workplace bullying, released by the Victorian Workcover Authority (VWA), is useful to illustrate the degree of change but also the origin of some of the contemporary hazard control themes.
The VWA Issues Paper was always intended to lead to a formal Code of Practice but due to belligerence from various industry bodies, no code eventuated and Victoria had to make do with a guidance note. This effectively banished workplace bullying to a nice-to-manage rather than an essential element of modern management. Significantly, Safe Work Australia intends to release a model Code of Practice on workplace bullying shortly. Perhaps the employer associations’ attitudes have mellowed. Perhaps it is the decline of trade union influence since 2001.
The Issues Paper roughly defines workplace bullying as:
“…aggressive behaviour that intimidates, humiliates and/or undermines a person or group.” More…
The Australian Government has released its report into a review of its national workers’ compensation scheme, Comcare, and the Safety, Rehabilitation and Compensation (SRC) Act. Some of the media (and politicians), as it often does, has focused on the seemingly absurd compensation claims. Few cases have gained the same degree of national and international attention as the sex case for instance, and although most workers’ compensation reports focus on post-incident treatments, there is a glimmer of hope on occupational health and safety (OHS) in this latest review.
The report, the latest undertaken by Peter Hanks QC, states that one of the guiding principles of the SRC Act should be an acknowledgement that
“The benefit and premium structure should promote incident prevention and reduce risk of loss.” (page 25)
This would be a wonderful benchmark to apply but is likely to be overshadowed by the compensation and rehabilitation issues of the review, unless OHS professionals and practitioners continue to remind regulators that prevention is better than cure.
Peter Hanks admits in a 2012 video interview on his review that injury prevention is not part of the terms of reference but there are elements of his report that require serious consideration by OHS professionals in consultation with their Human Resources (HR) colleagues. More…
The Victorian Workcover Authority’s (VWA) WorkHealth program is coming to the end of its five-year life. But what is the way forward? Has the $A600 million program achieved its aims?
Aims and Results
VWA’s annual report for 2008 (page 33) stated the following aims for WorkHealth, reiterated in the WorkHealth Strategic Framework 2010-12 (page 1):
“Over the long term, the program aims to:
- cut the proportion of workers at risk of developing chronic disease by 10%
- cut workplace injuries and disease by 5%, putting downward pressure on premiums
- cut absenteeism by 10%.
These goals aim to drive productivity and reduce health expenditure that is associated with chronic disease.”
None of VWA’s annual reports since 2008 have included any mention of these benchmarks. More…
Politicians are sufficiently media-savvy to release policies and information to gain the maximum exposure in the media cycle. For some reason, Australia’s Workplace Relations Minister, Bill Shorten, missed the opportunity to have his changes on workplace bullying in the newspapers for 12 February 2013. The news cycle is also being dominated by the resignation of Pope Benedict. However Shorten’s response to the Parliamentary Inquiry into Workplace Bullying deserves detailed analysis.
Shorten is bringing the investigation of workplace bullying cases under the Fair Work Commission. There are likely to be complex consequences of this decision, a decision that is clearly the Minister’s as the Parliamentary Inquiry made no clear recommendation on the location of the “new national service”.
“The Committee did not receive evidence on where such a service ["a single, national service to provide advice to employers and workers alike on how to prevent, and respond to workplace bullying" 5.51, page 136] should be located. It might be best situated within an existing government agency or department such as Safe Work Australia, the Fair Work Ombudsman or the Department of Education, Employment and Workplace Relations. It may also be considered appropriate for the service to be an independent body that is funded by the Commonwealth. Consequently, the Committee does not have a clear recommendation as to where the new national service may sit.” (Section 5.58, page 138)
Clearly Shorten’s announcement could easily have been “Minister rejects independent body on workplace bullying”. The Minister should be asked about his reasons for not establishing an independent body into this important issue. More…
OnlineMBA.com recently uploaded a video about “The True Cost of a Bad Boss“. It is a good summary of the spread of negative organisational and employee effects that can result from poor management poor understanding and poor communication. It is well worth remembering this spread when determining the best way to manage workplace safety and increase productivity.
Although the video is from the US, there is research evidence to support many of the points raised. In December 2012, Safe Work Australia released The Australian Workplace Barometer Report On Psychosocial Safety Climate and Worker Health in Australia, a report that has been largely missed by the Australian media. The report says that:
“A standout finding here is that depression costs Australian employers approximately AUD$8 billion per annum as a result of sickness absence and presenteeism and AUD$693 million per annum of this is due to job strain and bullying.” (page 6)
This is a significant impact on Australian business costs and, if one takes the OnlineMBA information concerning bad bosses, Australian bosses may need to undertake a considerable amount of self-analysis when lobbying for red-tape reductions and calling for productivity increases. More…
Seeking justice through the court system is everyone’s right but sometimes court action is more newsworthy than normal and sometimes the media is used in conjunction with legal actions. Either way, any court action, particularly on personal matters such as sexual harassment or workplace bullying will be a stressful activity. The workplace safety context of a recent political scandal in Australia involving the Speaker of the House of Representatives Peter Slipper, and an employee, James Ashby, have not been discussed. A summary of, or commentary on, the Ashby/Slipper scandal can be found HERE.
The judgement by Justice Steven Rares in the December 2012 legal proceedings of Ashby v Commonwealth of Australia (No 4)  FCA 1411, provides a salient lesson for those considering taking legal action over a work-related issue, such as sexual harassment, workplace bullying or other psychosocial matter.
Ashby-Slipper and OHS
The Ashby-Slipper sexual harassment proceedings have a legitimate OHS context, reminiscent of the 2009 political scandal involving Godwin Grech. Although occupational health and safety was not overtly stated by Justice Rares it is briefly discussed in the judgement. It is useful to consider these matters in a similar context to recent issues on workplace bullying. More…
Vaughan Bowie is an Australian academic who has chosen workplace violence as his major area of interest. Bowie came to general prominence earlier this century with several books and his contribution to the WorkcoverNSW guidance on workplace violence.
His research has taken him to look at “organisational violence” and in October 2012, he addressed the 3rd International Conference on Violence in Healthcare (the proceedings are available HERE) on the topic in a presentation called “Understanding organizational violence: The missing link in resolving workplace violence?”
Bowie writes, in the conference proceedings (Page 155), that
“Initially much of the workplace violence (WPV) prevention and management responses focused on criminal violence from outside organizations. At the same time there was also a growing concern about service user violence on staff especially in the human services area. A later stage of this development was a growing recognition of relational violence at work. This includes staff-on-staff violence and aggression, bullying, horizontal violence, sexual harassment and domestic violence.
Models based on these areas of WPV have been developed by the International Labor Organisation (ILO), the World Health Organisation (WHO), the Injury Prevention Research Center (IPRC) and the California Occupational Safety and Health Administration (Cal/OSHA) and other regulatory bodies. This presentation will show that the current models and responses based on these types of WPV are inadequate and ineffective because they largely ignore the fact that organizational culture and management style have a direct contributory effect on the types of violence experienced by employees, third parties, and service users. The findings demonstrate that what at first appears to be criminal, service user or relational violence at work may in fact be the outcome of a type of ‘upstream’ organizational violence trickling down in a toxic way triggering further violence.” (emphasis and links added) More…
In Australia, Parliamentary inquiries are usually required to provide the Parliament with a copy of their findings. In the last week of November 2012, the Chair of the Australia’s Parliamentary Inquiry into Workplace Bullying, Amanda Rishworth, presented its report which included a dissenting report from the Conservative (Liberal Party) committee members. On 28 November both Alan Tudge MP, one of the dissenting committee members, and Deborah O’Neill (Labor Party), spoke to the House of Representatives about the report. Their speeches say much on the issue of workplace bullying and the politics of workplace health and safety (WHS) in Australia.
Statistics and Costs
Tudge acknowledges the importance of preventing workplace bullying but provides an important fact to remember when reading the full report. According to Hansard, Tudge says
“The prevalence of workplace bullying is not known – there is no statistical data to assess exactly how prevalent it is. Regardless of the precise number, we know that it is too prevalent.” (emphasis added)
This may sound a little contradictory but it summarises a problem when investigating workplace bullying, there are no useful statistics on it. More…