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”

New workplace bullying reference group established

Queensland’s Education and Industrial Relations Minister, Cameron Dick, has always been a strong critic of school bullying but now he has focussed on workplace bullying.

According to Minister Dick’s media release on 10 July 2011 the government is setting up a special reference group to examine workplace bullying.  A spokesperson for the minister told SafetyAtWorkBlog that the membership of the reference group is unlikely to be finalised.

The Minister is quoted as saying.

“Queensland currently has existing laws to address workplace bullying and protect workers from harassment and the time is right to review these laws….I am establishing a workplace bullying reference group to look into the incidence of bullying and strategies to prevent bullying in Queensland workplaces.

The reference group will consist of senior worker and employer representatives, as well as legal and academic experts.  Continue reading “New workplace bullying reference group established”

Workplace bullying survey of dubious value

A doomsaying workplace bullying survey is doing the rounds of the Australian media on 8 June 2011. The media release accompanying the survey (neither are yet available online), produced for a “web-based employment screening solution” WorkPro, says

“One quarter of employees (23%) say that they have been a victim of bullying or discrimination in the workplace in the last two years,…”

An equally valid interpretation from the same survey figures could be

“Three quarters of employees (76%) say that they have not been a victim of bullying or discrimination in the workplace in the last two years.”

The survey is terrific news. Workplace bullying may not be as big a problem in the workplace as recent media reports have led us to believe. But the survey takes the negative perspective and it is the negative that is being reiterated in the media. Continue reading “Workplace bullying survey of dubious value”

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