Bullying

If a person thinks they are a victim of bullying, they can check if their organisation has a policy about bullying and if it contains a definition similar to the one mentioned above. If it does, they can use this policy to have a conversation with their manager/HR or a person in authority. Explain what happened and why they think this is bullying. It is useful to work out what they want the manager/HR to do about the issue and ask for it to be done.

They could ask the manager/HR to chat to the other person to clarify their point of view and explore the possibility of a combined discussion. Sometimes people may not be aware that they are doing something unlawful so giving them a chance to understand/explain their point of view is important. They could also ask the organisation to provide education to staff about discrimination, put posters up, or send out emails reminding people of what is appropriate/inappropriate behaviour.

If the behaviour is very serious (because it has been going on for a while, or is being done by someone in authority, or the incident is serious), then they might want to ask the organisation to investigate it formally. They should check if the organisation has a grievance management document. If so, it should explain when a matter will be investigated formally and what will be done. A formal investigation usually has to be in writing and should explain what has happened by who, when and where. It is important to stick to the facts and avoid emotional language when making a formal complaint.

Once the complaint is formal, the organisation should investigate it. They will interview the complainant (person making the complaint) and any relevant people to support their story. They will also interview the respondent (person responding to the complaint) and any relevant people. The organisation will then use all the facts to make a decision, usually by the CEO or equivalent.

If someone has made a complaint and it has not been managed to their satisfaction, they can contact WorkSafe in their State. WorkSafe will not normally get involved unless the person has attempted to resolve it internally and it has not been successful. WorkSafe does not represent the individual but conducts an investigation and then makes recommendations as to what the organisation must do.

If the person’s organisation is covered by the Fair Work Act 2009 AND they are currently experiencing bullying, they can make an application to the Fair Work Commission to request the bullying behaviour to stop.

EEO Specialists do not represent individuals making complaints, but we hope this information is useful to address such issues.

We do provide comprehensive training for organisations, to educate staff about sexual harassment, bullying, and discrimination. We also train managers on how to identify and manage complaints. If you would like more details, please call Franca Sala Tenna on 0405 134 187.