A Person conducting a business or undertaking (PCBU) has the primary duty of care under the WHS Act 2012 to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from work carried out as part of the business or undertaking
Workplace bullying and harassment refer to repeated, unreasonable behavior directed towards an employee or group of employees, that creates a risk to health and safety. It can take many forms, including verbal abuse, physical aggression, spreading rumors, exclusion or isolation, and undermining someone’s work.
Workplace bullying and harassment can have serious consequences for the individuals involved, including stress, anxiety, depression, and in severe cases, can lead to long-term absence from work. It can also have a negative impact on productivity and morale, leading to increased absenteeism and high staff turnover.
It is important for employers to have clear policies and procedures in place to address bullying and harassment in the workplace, and to create a workplace culture that promotes respect, dignity, and inclusion. This can include regular training for employees on what constitutes bullying and harassment, and clear processes for reporting incidents and seeking support.
Reasonable management action
Reasonable management action that’s carried out in a reasonable way is not bullying.
An employer or manager can:
- make decisions about poor performance
- take disciplinary action
- direct and control the way work is carried out.
If any management action isn’t carried out in a reasonable way, it may be considered bullying and could result in an employee suffering a psychological injury which may lead to other outcomes such as a workers compensation claim.
