Category: bullying

Politics before safety in South Australia

Occupational health and safety (OHS) eyebrows were raised in Australia recently as a State Government suspended the application of three construction-related codes of practice, principally, on the basis that compliance will cost too much.  The decision by South Australia’s Minister for Industrial Relations, John Rau, following a report by the Small Business Commissioner, Mike Sinkunas, illustrates several issues:

  • the SA government is overly influenced by the Housing Industry Association (HIA),
  • small business is being misinformed on how workplace safety works,
  • the application of “reasonably practicable” has been ignored, and
  • the unions and safety profession do not know how to respond.

Continue reading “Politics before safety in South Australia”

Fair Work Commission girds its loins for workplace bullying complaints

Official statistics on workplace bullying in Australia are notoriously unreliable.  The Productivity Commission estimated the cost of workplace bullying with a huge margin of variation, between A$6 billion and A$36 billion annually.  WorkSafe Victoria has indicated in the past that the number of interventions on workplace bullying is way below the number of workplace bullying complaints.  On 29 October 2103, in a long discussion on workplace bullying the Australian Capital Territory’s Chief Minister, Katy Gallagher stated:

“According to reports from the Commissioner for Public Administration, reports of bullying and harassment have totalled 68 cases in 2010-11, 71 in 2011-12, and 118 cases in the financial year that has just passed, 2012-13. Proven cases of bullying have numbered four, eight 11 and 19 respectively. This amounts to complaints being made by 0.5 per cent of staff, and substantiated in relation to 0.08 per cent of staff.” (Hansard, page P3930, emphasis added)

These latest statistics, in conjunction with those previously reported, indicate that the perception of workplace bullying is much higher than the reality in Australia.   Continue reading “Fair Work Commission girds its loins for workplace bullying complaints”

No code of practice for workplace bullying but hope remains

Ha01-037As the 1 January 2014 implementation date for new workplace bullying processes approaches there is an increasing amount of legal, HR, and safety seminars, and newsletters and alerts being produced.  Most reiterate the amendments to Australia’s Fair Work Act but occasionally there is additional information.

In a recent seminar, it was suggested that the draft Code of Practice for the Prevention and Management of Workplace Bullying, developed by Safe Work Australia, is to be released as a guidance note rather than a Code of Practice (see below).  Continue reading “No code of practice for workplace bullying but hope remains”

Always look for the evidence on workplace bullying and make sure it’s local

Boss is BullyOn September 9 2013, the Canberra Times published an article by Bill Eddy, entitled “Bullying a practice for the whole workplace to solve“.  (The article has been tweeted and referenced several times in the past week in Australia.)  Bill Eddy is due in Australia soon to conduct a workshop on workplace bullying. The article has some sound advice on workplace bullying but what caught my attention was the opening line:

“Research indicates that workplace bullying has a more negative effect on employees than sexual harassment, perhaps because there are more procedures in place for dealing with sexual harassment.”

What research? Continue reading “Always look for the evidence on workplace bullying and make sure it’s local”

Workplace bullying can exist in the boardroom

A most curious article about workplace bullying appeared in the Australian Financial Review (AFR) on 11 September 2013. In discussing recent changes to Australia’s Fair Work Act Nick Ruskin of K&L Gates wrote about the broad definition of workplace bullying to be applied:

“…the intriguing thing is that worker is very broadly defined. Its definition, reliant on the Workplace Health & Safety Act 2011, is so wide it could even include the director of a corporation.

In other words, non-executive directors of corporations will have the same ability as a traditional worker to take a bullying grievance to the Fair Work Commission.

We could see a situation in which a company director alleges they have been bullied by another director and seeks early intervention from the Commission.” (emphasis added)

Continue reading “Workplace bullying can exist in the boardroom”

New political challenges for OHS in Australia

This weekend the Australian people voted for the conservative Liberal Party to be the next Federal government.   Workplace safety has been largely absent from the pre-election campaign but when it has been mentioned it has almost always been couched in terms of productivity.  In the next few years, workplace safety issues must be couched in terms of productivity to have any hope of gaining the ear of the new government and, particularly, the ear of Senator Eric Abetz, the most likely candidate for the ministry of workplace relations.

Workplace Bullying

Recent changes to workplace bullying laws which provide a prominent role of the Fair Work Commission are unlikely to be rolled back but Abetz has promised Continue reading “New political challenges for OHS in Australia”

Workplace bullying continues to be a hot topic in Australia

Tooma bullying 2013At the Safety Show this afternoon, prominent Australian labour lawyer, Michael Tooma, spoke bluntly and confrontingly about workplace bullying in front of several hundred trade show delegates. For those companies who value a safety culture or are trying to create one, Tooma stated that if work colleagues do not stand up to bullying or report bullying as the OHS issue it fundamentally is, they are condoning the bullying.

Tooma also applies the “duty of care” broadly and says that the application of the duty of care does not sit with one person or an organisation. Continue reading “Workplace bullying continues to be a hot topic in Australia”

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