Today’s blog ‘what is workplace harassment?’ follows on from our blog ‘Workplace bullying’, which you can read here:
https://morgancouzenslegal.com.au/workplace-bullying/
Harassment means subjecting an employee or employees to unwelcome or unsolicited behaviour which a reasonable person would consider offensive, intimidating, humiliating or threatening.
Examples include:
- verbal abuse and constant ridicule;
- repeated threats, including threats about the employee’s employment;
- persistent and unjustified criticisms or complaints, including about small things;
- humiliating a person through gestures, sarcasm, criticism and insults;
- engaging in unwelcome conduct of a sexual nature where it could reasonably be anticipated that another person may feel offended, humiliated or intimidated;
- spreading gossip or false, malicious rumours about a person; and
- sabotaging a person’s work, for example by withholding or supplying incorrect information, hiding documents or equipment, not passing on messages or seeking to get a person in trouble.
Workplace harassment can also occur between people in any direction within a workplace. For example:
- ‘laterally’: a co-worker harassing another co-worker;
- ‘upwards’: a worker harassing a supervisor; or
- ‘downwards’: a supervisor harassing a worker.
What is not workplace harassment?
An employer or supervisor taking reasonable management action, including disciplinary action carried out reasonably, is not harassment.
Reasonable management action can include things like:
- supervising and directing the way that work is performed;
- making decisions about an employee’s performance;
- performance management processes such as performance improvement management plans;
- taking disciplinary action; and
- maintaining workplace standards and goals.
What can I do?
If you have concerns that you or someone else is being harassed, you should consider:
- keeping a diary of each time it happens;
- keeping records of any time you or another person has spoken to your employer or made a complaint about the harassment;
- getting support from a trusted friend, counsellor or similar (see below for a few options);
- if you are an employer, getting legal advice about your responsibilities and the appropriate action to be taken; and
- if you are an employee, making a complaint to your employer which we discuss further below.
What should I do?
Employers have a responsibility to provide a safe workplace under Occupational Health and Safety and anti-discrimination laws. There is a duty of care for the health and wellbeing of employees whilst at work and an employer who is aware of and allows workplace harassment and bullying to occur without taking action is not meeting their responsibilities under law.
If you are an employee, your employer needs to be made aware of the harassment you are experiencing in order to address your concerns. You have several options available to bring it to their attention:
- speaking with your manager or supervisor (if it is safe to do so);
- speaking with your human resources department or health and safety representative (if it is safe to do so);
- seeking legal advice from a suitably qualified lawyer;
- speaking with your union; or
- making a complaint to the Fair Work Commission.
If you are experiencing harassment at work or would like to discuss any concerns you have, please contact us on (03)57224681.
MORGAN COUZENS LEGAL
If you are struggling, please consider contacting any of the following organisations:
Lifeline: https://www.lifeline.org.au/or on 131114
Beyond Blue: https://www.beyondblue.org.au/ or on 1300224636
Kids Helpline: https://kidshelpline.com.au/ or on 1800551800
