Bullying Hansard provides hope, despair and extraordinary claims

On 12 July 2012, SafetyAtWorkBlog described Moira Rayner as the “stand out speaker at the public hearing into workplace bullying conducted in Melbourne Australia.  She was always on topic and spoke of her own experience of being accused of bullying.  The Hansard record of that hearing is now available online and deserves some analysis to illustrate Rayner’s points but to also to expand our understanding of workplace bullying and the Committee’s operation.

Moira Rayner

As a representative of the Law Institute of Victoria, Moira Rayner, questioned the existing definition of workplace bullying favoured by Australian OHS regulators and said that the definition requires case studies and examples of workplace bullying so that people understand the application of the definition in reality.  Many case studies are available in the bullying/OHS/HR literature but these are rarely communicated to community except by labour lawyers through bulletins or by media releases from OHS regulators that rarely gain attention beyond the media editors.

Rayner addressed the confusion in the workplace bullying definition from its reliance on “unreasonableness”:

“It seems to me that unreasonableness or the claimed reasonable purpose of the behaviour needs to be, again, spelled out. You hit on the crux of the matter, Madam Chair, when you say that it is Continue reading “Bullying Hansard provides hope, despair and extraordinary claims”

Workplace bullying in the police force illustrates the challenges of change management

There are two newspaper reports in Australia on 21 June 2012 about the Victorian Police Force that illustrate a fractious safety culture and a major organisational and ideological impediment to reducing workplace bullying.

The Australian article ” OPI concedes failure against force’s culture” (only available to subscribers) states that:

‘The Office of Police Integrity has conceded it and other corruption fighting measures have failed to root out the entrenched culture of reprisals and mateship in pockets of the Victoria Police that seriously harms the force….”

“The OPI says current law fails to deal with why whistleblowers are targeted. ‘‘The legislated protections against retaliation do not address the root cause of reprisal — a workplace culture of misguided loyalty,’’ it argues.  “The protections are individualistic and short-term, tending to ‘look after’ victims and potential victims of reprisal rather than address why reprisal occurs.’’

“Despite the subsequent formation of the OPI and the beefing up of the Ombudsman’s powers, police still struggled to break free of the shackles of loyalty and the so-called brotherhood.’

The Age article, “A fifth of police bullied at work“, reports on a government survey circulated to 14,000 people.

‘The figures, provided to The Age, mean about 1250 of the 4200 police staff who completed the survey have seen bullying behaviour, while nearly 900 say they have been bullied.’ Continue reading “Workplace bullying in the police force illustrates the challenges of change management”

Brodie’s Law not being applied. Perhaps a broader context is needed.

Workplace bullying is a hazard that must be recognized, addressed and punished, but above all prevented. “Brodie’s Law” was always going to be a part of this challenge but never the solution.

Today’s Age newspaper bemoans the fact that “Brodie’s Law” has not been applied since its introduction 12 months ago.  This is not surprising and the article provides some clues to why.

The application of this law seems now to be mainly intended for the Victorian Police force and, as with any police force, there are a great many items on their agenda of which workplace bullying is only one.

Policing and harm prevention

It can also be asked why the Victorian Police force is policing a workplace issue?  Workplace safety is principally the responsibility of the employer or, in the new language, person conducting a business or undertaking.  The bullies and employer involved in the bullying of Brodie Panlock were prosecuted under occupational health and safety law, not the Crimes Act. Continue reading “Brodie’s Law not being applied. Perhaps a broader context is needed.”

Workplace Bullying is a significant challenge even if the reality is smaller than expected

An article in the Weekend Australian newspaper and magazine (not available fully online) provides some statistics that raise serious questions about the level of bullying in workplaces in Australia, with particular focus on Victoria.  Of the 2,080 complaints lodged with WorkSafe Victoria in 2010-11

“only eight were deemed serious enough to warrant possible prosecution.”

Yet the OHS regulator received 7,050 inquiries about bullying.  There is clearly a problem in Victorian workplaces but it is not always bullying, as defined under OHS law.  Something else is happening and it has been happening for some time.

As reported previously in SafetyAtWorkBlog, the issue of workplace relationships is broader than can be handled by one regulator under one law.  There are human rights issues, mental health issues, harassment  and potential suicides – a range of social issues that should have taken the prevention of “workplace bullying” out of the workplace sometime ago.

The newspaper article, by Richard Guilliatt, draws on several significant cases of proven workplace bullying beyond the more familiar case of Brodie Panlock.  Christine Hodder’s suicide in 2005 following bullying in the New South Wales Ambulance Service generated a review of the organisation that found systemic bullying.  Sixteen year old Alex Meikle committed suicide in 2008 after many workplace “pranks” that included being set on fire. Continue reading “Workplace Bullying is a significant challenge even if the reality is smaller than expected”

Workplace bullying statistics remain muddy

A recent article on workplace bullying by the CEO of Diversity Council Australia, Nareen Young, is a good introduction to the issue but, as with many other articles on the issue, the content requires careful consideration.

One statistical resource used on workplace bullying articles is the very important and influential March 2010 Productivity Commission (PC) report – Performance Benchmarking of Australian Business Regulation: Occupational Health & Safety.  Predominantly, this report lumps together “harassment”, “occupational violence”, and “fatigue” with “workplace bullying” under the term “psychosocial hazards”.  This means it is impossible to extrapolate data from any specific workplace issue in this category, however the PC report does devote some sections of Chapter 11 specifically to bullying, but even then the statistics are tricky.

Young’s article states that

“Estimates of its [bullying’s] prevalence in the workplace vary, but one study outlined in the Productivity Continue reading “Workplace bullying statistics remain muddy”

Academic clarifies objections to sex work

Caroline Norma of RMIT University responded to some questions about sex work and brothel safety put to her by SafetyAtWorkBlog in response to her recently published opinion piece.  This article is a companion piece to an earlier SafetyAtWorkBlog article on sex work and safety.

SAWB: What action do you recommend that brothel owners should take, beyond the current legislative and licensing requirements, to ensure that only safe sex occurs on their premises?

CN: “Brothel owners are currently commissioning violence against women by operating prostitution businesses.  Prostitution is inherently a practice of violence against women, and can’t be made ‘safe’ for women by any action by pimps.  In fact, brothel owners have a financial conflict of interest with regards to ensuring the safety of women in their venues, because clients will pay more for unprotected sex acts, violent sex, body punishing sex acts like anal penetration, sex with younger women, etc.” Continue reading “Academic clarifies objections to sex work”

Brothel safety gains new media attention

The occupational health and safety of sex workers is one of the most difficult areas to write about as the industry is politically and ideologically charged with matters of feminist ideology, human rights and sex trafficking, religious morality and NIMBY lobbying.  In such an environment, it is important that the OHS needs of sex workers not be forgotten.

On 13 July 2011, The Age newspaper reported on the threat of legal action by one sex workers on a Victorian licensed brothel, Butterflys of Blackburn.  The article raised many OHS issues for the brothel industry.  In short, the article reports that a sex worker is suing the brothel because the brothel, allegedly, established an expectation that the sex workers would allow unprotected sex, sexual acts without a condom or other protection, an offence under Victorian law.  This particular sex worker’s experience in Butterflys of Blackburn was that, when refusing unprotected sex to a client, the client assaulted her, attempted to rape her and threatened her with a gun.

The Age reports that the woman “has since been diagnosed with post traumatic stress disorder, whiplash in her neck and a torn muscle in her shoulder.”  The worker is already receiving workers’ compensation and is pursuing compensation for permanent impairment.  Her plans for suing the brothel relate to the accusation that the brothel failed to provide a safe workplace. Continue reading “Brothel safety gains new media attention”

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd