How to address workplace bullying among women 

According to research from the US-based Workplace Bullying Institute, women are bullying each other in the workplace at nearly double the rate that women bully men.

The research found that 67% of workplace bullies are male, with 58% of them bullying other men and 47% targeting women. In contrast, 33% of bullies are female, with a significant 65% bullying other women, and 35% targeting men.

Vanessa Vershaw, a workplace psychologist, identified the underlying causes of this issue:

1. The scarcity mentality experienced by some women – stemming from the perception of limited opportunities and resources for career advancement.
2. The frustration developed by women from having to ‘fight for their place at the top’ in male dominated fields.

Vershaw proposed several strategies to cultivate a more supportive and inclusive work environment, including:

• Creating opportunities for women to build networks and establish “tribes or personal boards of advisers”.
• Ensuring that organisations review their policies to ensure they have clear anti-bullying policies and procedures.
• Ensuring that organisations take all reports of bullying seriously and respond properly, rather than dismissing the claim or protecting the perpetrator.
• Establishing support networks and specialist care for individuals in the organisation who are experiencing workplace aggression or bullying.

Australian workforce satisfied but stressed 

According to the latest Gallup ‘State of the Global Workplace’ report, Australia is one of the world’s top-rated nations for life satisfaction. However, it has also revealed a growing prevalence of stress and declining engagement among managers.

The report outlines several strategies that HR leaders can take to address hidden stressors, including:

1. Provide structured support for managers, especially those early in their leadership journey.
2. Build coaching into management practices, shifting from supervision to development.
3. Link wellbeing directly to performance metrics, recognising that engagement is a productivity multiplier.

One third of lawyers want to quit over culture problems

A survey of 1,900 lawyers across Victoria, NSW, and WA revealed that approximately half of respondents reported that the culture of their workplace had a negative effect on their wellbeing. A third of participants wanted to quit their firm, and 1 in 10 planned to leave the profession within a year.

The report found that 18% of respondents worked at firms with a “poor” culture. Poor relationships with colleagues, self-interest and pressure to either cut corners or break the rules were cited as some of the key drivers negatively impacting wellbeing.

Poor culture was associated with higher psychological distress, workplace incivility and a lack of effective wellbeing supports. Firms that upheld flexible working arrangements and understood the needs of employees were perceived as having a positive culture.

Australian companies unlikely to backtrack on DEI 

Australian companies without strong ties to the US are unlikely to experience impact from Trump’s efforts to eliminate Diversity, Equity and Inclusion (DEI). There are three key factors that differentiate Australia from the US in this space:

1. Mandatory reporting under the Workplace Gender Equality Agency (WGEA).
2. Special provisions in discrimination laws allowing affirmative action programs.
3. Positive duty in the Sex Discrimination Act to eliminate sexual harassment, sex-based harassment and discrimination in workplaces.

Australian companies are facing a higher than ever expectation to eliminate unlawful discrimination and harassment, as well as to incorporate protections that support psychosocial wellbeing. Employers may face claims that their ‘positive duty’ hasn’t been discharged, work health and safety regulatory enforcement, or workers compensation claims.

Experts have highlighted that DEI programs are ‘non-negotiable’, as they are essential to the culture, engagement and long-term performance of companies.

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EEO Specialists works with organisations to enable safe and respectful workplaces. We offer a range of in-person workshops as well as online courses. If you would like to have a confidential discussion about workplace behaviour and compliance, please call Franca Sala Tenna on 0405 134 187 or email franca@equalopportunitytraining.com.au 

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TechnologyOne founder faces $80 million bullying claim

Adrian Di Marco, the founder of TechnologyOne, is facing allegations that he oversaw a culture of bullying and intimidation, as part of a 10-year unfair dismissal case against the company by a former executive.

Behnam Roohizadegan was the Victorian manager of TechnologyOne from 2006 but claims to have been bullied, marginalised and undermined by two senior executives. His dismissal from the company in 2016 allegedly left him depressed and unable to work again.

The case has returned to the Federal Court for a retrial following an unsuccessful appeal by Roohizadegan in 2021, after his initial victory was overturned.

Employer not liable for psychiatric injury after armed robbery

A former gaming cashier brought a case against her employer for causing psychiatric injury after experiencing an armed robbery at work. The cashier alleged that the incident was caused by negligence of the employer who failed to provide a safe place of work. The alleged negligence related to a failure to man the reception desk 100% of the time, provide adequate training and install an electronic locking system.

The court was not satisfied that there had been a breach by the employer of the relevant duty of care as the measures in place at the premises were reasonable and consistent with industry practice for clubs with a likelihood of armed robbery. Additionally, the cashier followed the procedure that the employer had in place as set out in an employee handbook.

This case highlights the need for employers to comply with such industry practices to avoid psychiatric injury claims that may arise from safety incidents.

Supervisor dismissed for inappropriate conduct 

The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim involving allegations of inappropriate workplace conduct directed at subordinates and female colleagues. The worker denied all allegations and counter-claimed he was being bullied by filing a bullying complaint against the service manager, service administrator, and branch manager.

The worker was a 41-year-old diesel mechanic who supervised several younger employees at a rural farming equipment business. Complaints about the worker’s behaviour included allegations that he referred to female administrative staff as “the bitches upstairs” and “service bitches,” intimidated subordinates who made complaints against him, and created a toxic atmosphere.  In August 2023, the service manager placed the worker on a performance management plan after a complaint that he was ‘picking on’ another staff member.

The FWC found the worker’s behaviour violated his contractual obligations to “work effectively as a group”, “in a professional and safe manner” and “encourage positive behaviours”. It dismissed the application, finding that the conduct engaged in by the worker constituted serious misconduct.

Health practitioners to have sexual misconduct findings permanently listed 

Amendments to the act that regulates registration of medical practitioners have been passed, meaning that proven findings of sexual misconduct may be permanently listed on their public registration.

Other changes mean it will now be an offence for a practitioner to intimidate or threaten someone who has made a complaint about them to the Australian Health Practitioners Regulation Agency (AHPRA).

Additionally, a practitioner cannot enter into a Non-Disclosure Agreement with a patient unless it specifically states that a patient still has the right to make a report to the regulatory body.

These changes follow a recent spike in complaints to AHPRA about ‘boundary violations’ which include inappropriate or sexualised remarks, being intimate without consent and personal relationships where there is an imbalance of power and sexual harassment. In 2024 there were 1,156 complaints to AHPRA, an increase of nearly 38% from the previous year.

‘Sam Kerr clause’ passes Victorian Parliament

The Justice Legislation Amendment (Anti-Vilification and Social Cohesion) Bill 2024 has been passed by Victorian parliament and will introduce two new criminal offences relating to serious vilification:

1. It will constitute an offence to “incite hatred, serious contempt, revulsion or severe ridicule” against an individual or group based on their protected attributes.
2. It will constitute an offence to “threaten physical harm or property damage” against an individual or group based on their protected attributes.

The legislation has also broadened its scope of protection to encompass a wider array of marginalised communities to include hate crimes motivated by “disability, gender identity, sex, sex characteristics, sexual orientation, and personal association with a person who has a protected attribute”.

Under the new laws, individuals found guilty of serious vilification offences, which encompass inciting hatred or issuing physical threats, could face up to five years of imprisonment.

The law has been dubbed a ‘Sam Kerr clause’ in reference to the way that laws designed to prevent vilification and discrimination can be weaponised against their intended purpose, as seen in her recent trial.

Law firm abandons diversity and inclusion initiatives

Law firm White & Case, which has offices in Sydney and Melbourne, has discontinued its diversity and inclusion initiatives in the wake of increased pressure from the Trump administration.

The move will impact its 44 offices globally, including in Australia, and its almost 2,600 lawyers and nearly 700 partners. It follows action taken by the US Equal Employment Opportunity Commission seeking information from 20 law firms about their DEI-related employment practices.

Among the firms to receive the correspondence were practices with Australian offices, including A&O Shearman, White & Case, Sidley Austin LLP, and Latham & Watkins LLP.

Six other big law firms in Australia – Pinsent Masons, DLA Piper, MinterEllison, Gadens, Piper Alderman, and Herbert Smith Freehills – have all affirmed there is “no turning back” on creating diverse and inclusive workplaces.

Investigation into sexual assault of nurse by patient

The Townsville Hospital and Health Service has released its findings of an investigation into the sexual assault of a staff member by a patient at Townsville University Hospital last year.

The report found that although staff had taken steps to manage the patient’s behaviour, there was no management plan in place prior to the sexual assault. Some staff viewed unsafe patient behaviours as ‘part of the job’ at times. The existing policy framework did not include a clear procedure or protocol for staff to respond to the incident, and there was limited awareness of support that could be offered to staff.

The four recommendations made by the report have been accepted by Townsville Hospital and Health Service:

1. Develop and implement a clear incident response protocol, including tailored training for health service staff.
2. Develop and deliver a cultural change program to promote and reinforce staff safety, health and wellbeing, in consultation with the workforce.
3. Develop a health service-wide risk assessment for sexual harassment and sex and gender-based harassment.
4. Review, update and maintain the ‘Preventing and Addressing Sexual Harassment for Line Managers’ training, ensuring this is mandatory for line managers at all levels.

Public servant claims bullying and discrimination

Former public servant Anna Hough has criticised the federal government for failing to behave in a trauma informed manner while dealing with her compensation claim for workplace misconduct.

The claim covers a historic sexual assault and a more recent workplace bullying and discrimination allegation. Hough was allegedly raped by a staffer in a senator’s office while volunteering in 2000-01, but was offered no support when she sought help afterwards. She was retraumatised by the Brittany Higgins case and reported this to managers, only to experience alleged bullying and discrimination.

She alleges she was pressured to step down from her role and commenced legal action against the Commonwealth in 2023. The claim is yet to be resolved.

Suspended Townsville mayor seeks $1m in discrimination claim

Troy Thompson, the former mayor of Townsville, is seeking $1 million in damages from the Townsville City Council, alleging he was discriminated against based on his epilepsy, mental health issues and political beliefs.

Mr Thompson was suspended on pay for a year following an investigation into claims that he lied about his military history and education credentials. The discrimination claim relates to a time when he took indefinite leave, citing mental health issues and the ongoing investigation. While on leave, Mr Thompson was removed from board and committees and replaced by other councillors.

The matter was closed in November last year, but Mr Thompson has recently sought to reopen it.