Understanding the Distinction: Workplace Bullying vs. Harassment
In today's professional environment, it's crucial to recognise the differences between workplace bullying and harassment. Both behaviours can undermine an individual's dignity and lead to a toxic work culture, but they are distinct in their definitions and implications.
At Chandler Macleod our experienced IR/ER Teams manage and monitor any employee complaints and maintain a robust system for dealing with grievances. It’s important that employers understand the nuances between bullying and harassment and have effective systems in place to efficiently manage any situations.
Workplace Bullying: A Repeated Behaviour
Workplace bullying is characterised by repeated and unreasonable behaviour directed towards an employee or a group of employees that poses a risk to health and safety. It can manifest through various actions, such as belittling comments, intimidation, or setting unreasonable deadlines. The persistence of such behaviour over time is what marks it as bullying.
Workplace Harassment: A Broader Spectrum
Harassment, on the other hand, includes not only bullying but also discrimination based on gender, race, disability, and other protected characteristics. It can be sexual in nature, creating an unwelcome and offensive environment for the victim. Harassment policies often encompass a wider range of behaviours and are not limited to repetitive actions.
Legal Framework and Policies
Both bullying and harassment are serious issues that can lead to legal consequences for organisations. It’s important that organisations have policies in place such as Workplace Diversity Policies, Respect at Work, Workplace Bullying Policies and Complaints and Grievances policies to provide frameworks to address and prevent these behaviours in the workplace.
Creating a Safe and Inclusive Work Environment
It's the responsibility of both employers and employees to foster a workplace that is free from bullying and harassment. This includes being aware of the signs, understanding the policies in place, and taking action when necessary. A safe and inclusive work environment not only adheres to legal requirements but also promotes employee well-being and productivity.
Legal Consequences
The legal consequences for workplace harassment and bullying can be quite significant. In Australia, for instance, laws such as the Sex Discrimination Act 1984 and the Fair Work Act 2009 provide a framework to address and prevent harassment in the workplace. These laws protect against discrimination, sexual harassment, and bullying. Failure to comply with these regulations can lead to legal action against the organisation, which can include penalties and damages awarded to the victim. Moreover, beyond the legal ramifications, workplace harassment and bullying can have a profound impact on the workplace culture, leading to increased stress, anxiety, and reduced job satisfaction among employees. It can also negatively affect a business's productivity, innovation, and employee retention.
How can organisations prevent workplace harassment?
Organisations can prevent workplace bullying and harassment by implementing a comprehensive approach that includes the following steps:
List of Services
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Establish Clear PoliciesList Item 1
Establish comprehensive policies that clearly define what constitutes unacceptable behaviour and the consequences for such actions. These policies should be easily accessible and communicated to all employees.
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Provide TrainingList Item 2
Conduct regular training sessions for all employees, including management, to recognise the signs of bullying and harassment, understand the impact on individuals and the workplace, and learn how to respond appropriately.
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Encourage Open CommunicationList Item 3
Foster an environment where employees feel comfortable discussing concerns and reporting incidents without fear of retaliation.
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Implement a Reporting SystemList Item 4
Develop a confidential and straightforward reporting system that allows employees to report incidents of bullying and harassment safely.
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Investigate Complaints Promptly
Ensure that all complaints are investigated promptly, thoroughly, and impartially, with respect for the privacy of all involved parties.
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Take Appropriate Action
When bullying or harassment is confirmed, take immediate and appropriate action to address the behaviour and prevent its recurrence.
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Support Diversity and Inclusion
Promote a diverse and inclusive work environment where all employees feel valued and respected.
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Support Affected Employees
Provide support to employees who have been bullied or harassed, including counselling services or employee assistance program.
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Review and Update Policies Regularly
Regularly review policies and procedures to ensure they remain effective and reflect current best practices and legal requirements.
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Leadership Commitment
Ensure that the organisation's leaders are committed to a harassment-free workplace and set a positive example.
Failure to address workplace bullying can lead to legal action, including penalties and damages awarded to the victim. It's essential for organisations to have clear policies and procedures in place to prevent bullying and to deal with any incidents promptly and effectively.
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