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Bullying and violence

Frequently asked questions

Bullying

Violence and aggression

Bullying

1. What is workplace bullying?

Workplace bullying can be defined as repeated, unreasonable or inappropriate behaviour directed towards a worker, or a group of workers, that creates a risk to health and safety.

A workplace situation can be identified as bullying if a worker or workers are:

  • harmed;
  • intimidated;
  • threatened;
  • victimised;
  • undermined;
  • offended;
  • degraded; or
  • humiliated,

 whether alone or in front of co-workers, visitors or customers.

While some workplace bullying may involve verbal abuse and physical violence, bullying can also be subtle intimidation with inappropriate comments about personal appearance, constant criticisms, isolation of workers from others and unrealistic, embarrassing or degrading work demands. Workplace bullying can also be carried out via letters, email and telephone text messages.

2. What are possible effects of workplace bullying?

Health effects

The reactions of individual workers will vary.  It is possible that workers who are bullied will experience some of the following health effects:

  • stress, anxiety or sleep disturbance;
  • ill health or fatigue;
  • panic attacks or impaired ability to make decisions;
  • incapacity to work, concentration problems, loss of self-confidence and self-esteem or reduced output and performance;
  • depression or a sense of isolation;
  • physical injury;
  • reduced quality of home and family life;
  • hypersensitivity;
  • post traumatic stress syndrome; or
  • in extreme cases, risk of suicide.

Other effects

Other effects of bullying can be considerable direct and indirect cost for organisations.  There may be a high turnover or low morale in areas where bullying occurs.

In addition to the direct cost of recruiting and training new staff or remediation to resolve the problem, there can be:

  • lost productivity that occurs when people are absent from work or not working to full capacity; and/or
  • cost associated with counselling, mediation, compensation claims and possible legal action.

Other effects could be a reputation for poor management of workplace bullying, difficulties with recruiting staff and the business may be affected by a poor image.

3. What can you do about workplace bullying?

Every situation is different, however bullying can be stopped.  How you handle bullying will depend on your particular work environment and the nature of the bullying. If you are bullied you can take action informally or follow a more formal approach.

The following informal steps are recommended as a first approach in dealing with most bullying cases:

  1. Check for policies and procedures that deal with the prevention of workplace bullying. This could be a specific workplace anti-bullying policy or procedure, a grievance procedure or an issue resolution procedure.
  2. Seek advice, for instance from the contact officer or grievance officer, safety and health representative, human resources officer or union official.
  3. Keep a detailed record of what happened, including place, date, time, persons and what was said or done. Ensure that records are accurate. ]
  4. Approach the bully and make it clear to the bully that you found the behaviour offensive, intimidating of harassing and that you would like it to stop.  Sometimes people are not aware of how their behaviour towards others can be perceived.  The person may not realise their behaviour offends you, so it is important to approach the person and let them know how you feel.  You could also ask someone else (eg. the grievance officer or human resources officer) to approach the bully on your behalf or to mediate or facilitate a face-to-face discussion and find a solution that is acceptable for anyone involved.
  5. Use a counselling service if available through your workplace.  This may help you to develop ways of dealing with a bully or the effects of bullying.

More formal procedures may be required if the informal procedures are not successful or in situations where the allegations are more serious and there has been less favourable treatment or actual physical or psychological harm.  This should be confirmed by preliminary enquiries before a formal investigation is undertaken.  

If the employer concludes that a formal investigation is warranted, a person who is not involved in that particular incident should undertake the investigation.  Natural justice must be observed in all dealings with persons accused of workplace bullying.

4. What is natural justice?

Natural justice must be observed in all dealings with persons accused of workplace bullying for two reasons.

Firstly, it is essential that people be protected against false and malicious accusations. Persons may be falsely accused of workplace bullying because of a desire on the part of the other persons to harm them or an over-reaction to a trivial or isolated incident.  Indeed false accusations can be part of the bullying process in itself and people could be accused of bullying as a means of covering up bullying by someone else.

Secondly, if a person accused of bullying is denied natural justice, then any action taken against him or her may be overturned should he or she appeal against it. Therefore he or she escapes punishment even if the original accusation was correct.

Natural justice is generally considered to include the following rights to:

  • be fully informed of the complaint against the person accused, including being told the name of the person making the complaint;
  • reply in full to the complaint;
  • be considered innocent until proven to be guilty;
  • representation by a person of his or her choice;
  • have information about the complaint restricted to those who are directly involved;
  • be given the benefit of any reasonable doubt;
  • have all mention of the matter removed from his or her personal records if the case against him or her is not proven; and
  • be informed of any rights of appeal that may exist against any decision made on the matter.

5. What isn’t workplace bullying?

An isolated incident of inappropriate or unreasonable behaviour may be an affront to dignity at work but as a one-off incident it is not considered to be bullying.  However, since an employer has a general duty to provide workers with a safe workplace and systems of work, single incidents of this type should not be ignored.

It is important to differentiate between a person’s legitimate authority at work and bullying.  All employers have a legal right to direct and control how work is done, and managers have a responsibility to monitor workflow and give feedback on performance.

If a worker has obvious performance problems, these should be identified and dealt with in a constructive way that does not involve personal insults or derogatory remarks. In situations where a worker is dissatisfied with management practices, the problem should also be raised in a manner that does not involve personal abuse.

6. Why does bullying go unreported?

Workers are less likely to report bullying and cooperate in inquiries if they:

  • don’t recognise bullying behaviour;
  • have a lack of knowledge about bullying behaviours and their effects;
  • are unsure about the correct procedure;
  • don’t know where to seek help;
  • fear retribution from the bully or bullies;
  • feel intimidated or embarrassed;
  • believe that bullying is part of the workplace culture;
  • feel that nothing will change; or
  • feel that their opportunities for promotion in the organisation or the industry will be affected.

Some workers may not be aware that the organisation they work for has established bullying prevention and management procedures and that their reports will be dealt with in a proper manner.

Even if a person does not complain about workplace bullying, there may still be offended or affected by the behaviour and the behaviour may still be unacceptable.

7. What are duties of the employer under the Act in relation bullying?

The Occupational Safety and Health Act 1984 requires employers to ensure so far as is practicable a working environment in which employees are not exposed to hazards. 

Workplace bullying should be treated as any other hazard at the workplace. If unreasonable or inappropriate behaviour, or the potential for such behaviour is identified, there is a high risk of psychological and/or physical harm.  Therefore steps should be taken to stop the behaviour.  

It is the duty of the employer to so far as is practicable ensure that adequate systems are in place to prevent or stop the bullying behaviour.  To address workplace bullying, or the potential for bullying, employers should:

  • consult with employees and safety and health representatives;
  • implement adequate policies and procedures, which could include grievance procedures, a bullying prevention policy or procedures for reporting and investigating workplace bullying issues;
  • appoint a contact person, grievance officer or mediator as a first contact point for enquiries, concerns and complaints;
  • provide information and training on the relevant policies and procedures; and
  • monitor indicators or workplace bullying, including absence from work (sick leave, workers compensation leave, long service leave, unpaid work), turnover of staff and results of formal exit interviews.
  • If a bullying concern is reported to the employer, the employer must within reasonable time investigate the matter that has been reported, determine action, if any, and notify the employee(s) of the outcome.  To be able to investigate raised concerns and resolve issues at the workplace the employer has the right to ask for more detailed information.

Employers are also required to attempt to resolve safety and health issues raised in the workplace in accordance with relevant procedures.  This includes reported workplace bullying issues.

8. What are duties of employees under the Act in relation to bullying?

Employees should take reasonable care for their own safety and health at work.  They should also avoid adversely affecting the safety or health of any person in the workplace through any act or omission.  Every employee must be made aware of their duty not to place the safety and health of others at risk by engaging in bullying or, where they are in a position of authority, to take steps to stop bullying if and when it happens.

Employees should follow the employer’s safety instructions, cooperate with their employer on work-related safety and health matters, use personal protective equipment provided and report to their employer any work-related injuries or anything that they consider to be a hazard in their workplace (which could include bullying).

If an internal workplace bullying complaint has been lodged within a workplace the complainant is protected by qualified privilege, provided the complaint is not malicious, the facts presented in the complaint are true, the complaint is made in accordance with workplace procedures and it is not discussed with people who are not directly involved in the resolution of the complaint.

Qualified privilege is a concept that comes from common law. It protects an individual from a possible defamation charge under certain circumstances; that is, where a person makes a statement or receives information from another as part of carrying out public or private duties.

9. Who can lodge a workplace bullying OSH enquiry with WorkSafe?

OSH enquiries

Any person may lodge an OSH enquiry with WorkSafe in relation to bullying.  To be able to conduct an investigation into workplace bullying contact details of the person(s) who is/are allegedly bullied should be provided to WorkSafe. 

The investigating inspector should be able to:

  • contact the person who is allegedly bullied;
  • obtain further details about the alleged unreasonable and inappropriate behaviour at the workplace and any other relevant information; and
  • discuss the most appropriate approach.
  • Before lodging an OSH enquiry the employee should first try to resolve the workplace bullying within the workplace through the informal or formal process.  The employer should first get an opportunity to investigate hazards at the workplace.  If the workplace bullying matter remains unresolved or the complainant feels that he or she could not report the workplace bullying to anyone in the workplace an OSH enquiry may be lodged with WorkSafe.

It is WorkSafe’s role to ensure that the employer and the employee meet their obligations under the Act.  It is not the role of an inspector to become involved in the specifics of workplace bullying or to mediate between the target and the perpetrator.

Issue resolution

Employers are required to attempt to resolve safety and health issues raised within the workplace in accordance with relevant procedures.   If an issue remains unresolved and there is a risk of serious and imminent injury or harm, either the employer, the employee or safety and health representative may ask an inspector to visit the workplace.  An inspector will then attend the workplace and take whatever action under the Act he or she considers appropriate. 

10. Can WorkSafe investigate an anonymous workplace bullying OSH enquiry?

The WorkSafe Inspector should be able to obtain further details from the person who is allegedly bullied at the workplace.  This is necessary to gain a better understanding of the inappropriate and unreasonable behaviour at the workplace and the actions already undertaken.

As part of the investigation the Inspector will discuss the most appropriate approach with the person who is allegedly bullied at the workplace.  If the Inspector and complainant agree to further investigate the concerns, the inspector will ask the bullied person to give consent to discuss the concerns of alleged bullying at the workplace.

The inspector cannot disclose that a (bullying) complaint has been made, unless the complainant has agreed otherwise.  Therefore, it becomes difficult to investigate an alleged workplace bullying complaint when no contact details are provided to WorkSafe.

11. What is the role of a WorkSafe inspector when investigating a workplace bullying OSH enquiry?

The Inspector will first contact the person who has lodged the OSH enquiry and obtain further details about the alleged bullying behaviour from the bullied person(s).  The inspector may ask for a brief written overview of bullying incidents, including place, date, time, persons and what was said or done.  The inspector will discuss the most appropriate approach.
If both Inspector and complainant agree, the Inspector will contact the employer and discuss the raised bullying concerns at the workplace.  If applicable the Inspector can also arrange meetings with the alleged perpetrator, witnesses and other relevant persons.

It is the Inspector’s role to establish if the employer and the employee meet their obligations under the Act.  It is not the role of an inspector to become involved in the specifics of workplace bullying or to mediate between the bullied person and the alleged perpetrator.

Depending on the outcome of the investigation and the circumstances the Inspector can take one or more of the following actions:

  • take no action;
  • provide information on workplace bullying; and/or
  • issue improvement notice(s). For instance, under certain circumstances the employer could be directed to ensure that adequate systems are in place to prevent or stop bullying, or to investigate the hazards reported by an employee.  The perpetrator could be directed to stop the inappropriate or unreasonable behaviour that adversely affects the safety and health of other persons at the workplace.

12.  We have a bullying culture at work. Is that acceptable?

Workplace bullying behaviour is not acceptable at any workplace.  Even if a person does not complain about workplace bullying, they may still be offended and affected by the behaviour and the behaviour may still be unacceptable. 

Some individuals may initially be more tolerant of bullying than others. This does not mean the potential for harm is diminished. Bullying should not be regarded as normal workplace behaviour. Bullying can be stopped, and it should not be tolerated in any form.

13. What other legislation may be applicable to a workplace bullying?

Dealing with workplace bullying may involve laws other than the Occupational Safety and Health Act 1984.  Some of these laws are listed below:

  • When bullying involves direct or indirect discrimination on the grounds of race, sex, marital status, pregnancy, impairment, religious or political conviction, age, gender history, sexual orientation, family responsibility or family status, sexual or racial harassment, or spent conviction in accordance with the Equal Opportunity Act 1984, the employee may lodge a complaint with the Commissioner for Equal Opportunity. 
  • Should an employee consider he or she has been dismissed as a result of making a complaint in relation to bullying, or is forced to resign due to the effects of bullying the employee may be entitled to lodge a claim under the unfair dismissal provisions in the Industrial Relations Act 1979.
  • The Public Sector Management Act 1994 governs the behaviour of public sector employees and bullying can be a breach of the Western Australian Public Sector Code of Ethics.
    Any physical assault and sexual assault are criminal matters and should be referred to the Western Australia Police. 

Violence and aggression

1. Is workplace violence and aggression a work issue or a police issue?

The Occupational Safety and Health Act 1984 contains general duties and responsibilities placed upon people to ensure their own safety at work, and that of others who are at the workplace or who might be injured by the work. These duties extend to the prevention of workplace violence and aggression. 

Physical assault or the threat of physical harm of any form is a criminal act. Under these circumstances, the appropriate response is a direct complaint to the police. If a crime is happening or someone is immediate danger, contact emergency services by telephoning 000.

After each violent or aggressive incident preventative measures should be reviewed to work out whether additional controls or changes to existing controls are required.

2. What can employers do to prevent violence and aggression at work?

There should be an occupational safety and health policy at the workplace that documents the intentions of management and the specific actions to be carried out to ensure safe systems of work that reduce the risk of injury or harm from all workplace hazards, including violence and aggression. 

Employers must take appropriate steps to prevent and manage the risk of violence and aggression at work.  This can be achieved through the implementation of a plan, developed by employers in consultation with relevant workers and safety and health representatives. The prevention plan includes procedures for identifying hazards, assessing risks and applying control measures appropriate for the workplace.

The approach may vary but the following steps should be included in the prevention plan:

  • consult with workers and safety and health representatives;
  • develop prevention and incident response plans;
  • provide information and training; and
  • monitor the effectiveness of action taken.

3. Where do I go for information and training?

Employers, in collaboration with workers’ representatives, should, as appropriate, make information on workplace violence and aggression available to all workers, supervisors and managers.

Workers should be trained to follow the safety procedures that are in place to reduce the risk of workplace violence and aggression. There should be prior consultation with all relevant parties regarding the training delivered.

Training and information material may be sourced from:

  • publications (such as the code of practice Violence, aggression and bullying) produced by WorkSafe and the Commission for Occupational Safety and Health;
    the internet;
  • libraries;
  • industry and community associations; 
  • security consultants;
  • training providers; and
  • government agencies such as the Police. 

4. Isn’t violence and aggression sometimes just part of the job?

Violence may come from outside or inside the workplace. It may be from members of the public, customers, clients, patients or students, or from supervisors, managers or other employees.  Whatever the circumstances, violence or aggression are unacceptable and should not be tolerated. 

The Occupational Safety and Health Act 1984 contains general duties and responsibilities placed upon people to ensure their own safety at work, and that of others who are at the workplace or who might be injured by the work. These duties extend to the prevention of workplace violence and aggression. 

All incidents involving violence or aggression should be reported to the employer, who should take appropriate action to prevent further occurrences.

5. What should I do if there is an armed hold-up?

Survival is the first rule during an armed hold-up – protect yourself, not money or goods.  It is important that during an armed hold-up you:

  • stand still;
  • obey the robber’s instructions;
  • remain calm and quiet;
  • observe, if you can do safely;
  • stay out of the danger area; and
  • stay where you are, do not chase.

When it is safe, call the police, seal off the hold-up area and ask witnesses to remain to help with police inquiries. 

Staff at risk of being involved in an armed hold-up should be trained in self-protection techniques. 

Further information is available in the WorkSafe publication Armed Hold-Ups and Cash Handling: A Guide to Protecting People from Armed Hold-Ups (PDF 87kb).

6. Where can I find more information on armed hold-ups and cash handling?

More information on armed hold-ups and cash handling can be found in the online article Armed hold-ups and cash handling: A guide to protecting people from armed hold-ups.

7. How can I design my workplace to help reduce the risk?

It is important when designing a building, vehicle or structure, and when planning the layout of a work site, to give consideration to the hazardous situations that have been identified and the measures that may permanently reduce the risk of workplace violence. The design could include features such as:

  • workplace layout and design;
  • allow for "escape routes" and avoid dead ends where employees are unable to retreat to a safer place when necessary;
  • bollards outside entry points to the workplace;
  • barriers in vehicles used to transport patients/clients;
  • security doors;
  • permanent screens;
  • security lighting;
  • alarm systems; and 
  • communication systems.

Where the workplace is in an existing structure or building, structural changes can be made to add the features described above:

  • improving security and lighting; 
  • redesigning waiting areas to provide comfortable surroundings; 
  • providing play corners so children are occupied and quiet; 
  • installing high counters and other barriers; and 
  • alarms (duress/personal).

8. Who is responsible for security lighting?

The responsibility for installing and maintaining security equipment and other building fittings depends on the lease agreement.  The Commercial Tenancy (Retail Shops) Agreements Act 1985 regulates retail and other commercial tenancies.  Further information on who is responsible in a tenancy agreement is available from the Department of Commerce:

  • 1300 304 054 (cost of a local call) for new enquiries and general advice
  • Phone: +61 8 9282 0777
  • Fax: +61 8 9282 0850
  • TTY: +61 8 9282 0800

9. What if I have to walk to my car at night?

There is always a risk of assault for people in public places, including car parks.  If it is not possible to park in a secure area, park close to where you will exit the building, and if possible walk with other people. Although worker safety in public car parks is not legally the responsibility of employers, they can assist by increasing awareness and developing policies to help reduce the risk, for example allowing workers on shifts to finish at the same time so they can walk to their cars in a group.

The Office of Crime Prevention also provides the following advice:

  • check the surrounding areas of your car and the back seat before getting in; 
  • ALWAYS lock your doors after getting it in or out of your vehicle; 
  • drive with the doors locked; 
  • never pick up hitch-hikers; and 
  • always have your keys ready before you get to the car.

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