New laws to help workers take a stand against bullying

NEW laws came into effect on New Year’s Day which will provide an avenue for bullied workers to solve stressful, damaging and sometimes life-threatening workplace bullying issues with an order for it to stop before it goes too far.

The reforms mean that workers will be able to lodge an application with the Fair Work Commission seeking an order that the bullying stops and Fair Work must respond within two weeks of an application being lodged. This great news for workers and will go some way to offering a solution to what can be a deeply distressing time.

But it is too late for Jane*, a part-time employee for a large retail company, who for nearly two years endured repeatedly unreasonable behaviour by her store manager, ranging from verbal abuse to unreasonable deadlines, constant surveillance and monitoring, and requests for annual declined while other staff have had their leave approved.

He even publicly embarrassed and humiliated her by using his phone to record footage of her which he then showed to other staff.
A two-year ordeal
Jane’s ordeal began when she met with the store manager to discuss a request to change her roster.

Over the next two years, she was the target of personal bullying by the store manager.

The bullying continued even after she made a formal complaint involving HR and her union, the Shop, Distributive and Allied Employees’ Association, which resulted in an apology from the manager and a promise he would not behave that way again.

After 18 months, Jane member finally made a claim for worker’s compensation as a result of the illness and injury she suffered from the constant bullying. The company tried to discourage her from submitting her WorkCover certificate, offering to pay for her medical bills and some leave instead.

Luckily, and bravely, she persisted with her union’s support. While the company’s insurer hired an independent investigator and psychiatrist whose findings supported her claim, she has still not been able to return to her workplace because the store manager is there and the company will not move him.

The new laws are designed to nip in the bud behaviour like that which Jane was forced to endure, which are ultimately costly not only to the individual worker, but to the employer as well.

Unions regularly receive complaints from workers like Jane. Recent cases recorded by the ACTU include:

• A civilian working in the police force who was segregated, ganged up upon and after five years was forced to leave that workplace after suffering post-traumatic stress;
• A nurse who was publically degraded and also punished for taking time off to care for a sick husband and son also had her shifts changed without notice; -
• A dental worker who was subjected to constant and unwavering bullying and harassment including about her personal life and about her injuries. Despite all her efforts the bullying would not cease; and,
• A person working in a male dominated industry experienced sexual, physical and verbal abuse because she is female and gay. She received prank calls on her mobile and at home and a senior colleague grabbed her breast and said, “I can do that because I outrank you.”

ACTU Assistant Secretary Michael Borowick said unions have been fighting for these changes for over a decade.

“We put bullying on the agenda as a workplace issue and welcome these long awaited laws which we hope will directly and swiftly assist bullied workers,” he said.

“Every day unions hear heartbreaking story after story of bullying in the workplace and the significant ramifications on the health and wellbeing of these workers. As far as I’m concerned the change in laws hadn’t come soon enough.”
Bullying costs upwards of $6b a year
Mr Borowick said previously these workers had very limited if any recourse to assist them in workplace bullying situations.

Instead the bullying was often ongoing sometimes to the point where the person was forced to leave that job, required stress leave or/and medication and in some tragic cases committed suicide.

An order that bullying stops is focused on preventing any further bullying and this should not only help workers avoid the health and safety issues that arise but it could also decrease the financial cost of bullying on the economy which is estimated to be anywhere between $6 billion and $36 billion annually.

Mr Borowick said that these changes cannot prevent bullying occurring but they will aim to stop it.

However it is estimated that the new laws will only assist 80% of the workforce.

* Jane’s name has been changed to protect her identity.