Delegates Bullying Fact Sheets - Bullying Factsheet 10 - Is Bullying Illegal?

If you are being bullied at work and have tried to deal with it by using other methods described in these fact sheets, but without success, what other option can you take? You may decide at this point to look at your legal options to stop the workplace bullying. There are a range of laws that can be applied, depending on the nature and type of bullying.

No Australian law specifically defines workplace bullying. However, there are several laws that make various forms of bullying behaviour unlawful. The combined effect of these laws means that bullying can be defined as behaviour that:

• Offends, humiliates or intimidates someone; and

• Could put that person or someone else's health safety or welfare, including that person's psychological welfare, at risk.

Although these behaviours are illegal, one problem is that employers and workers often do not realize that it is. Another problem is that the behaviour can sometimes be difficult to prove. That is why other Fact Sheets in this kit are useful to guide you when you believe that bullying is occurring at work.

If you are forced to resign because you are being bullied, you may be able to claim this as an unfair dismissal. This and other examples of legal actions you might be able to take are listed below and overleaf.

Occupational Health & Safety Legislation

Under NSW Occupational Health and Safety laws it is an offence for an employer or a worker, to fail to take reasonable care for the safety of others at the workplace. The employer must remove risks from the workplace that may cause harm or injury to workers. This includes workplace violence, bullying and harassment that expose employees to health or safety risk. If these are not removed, either an employer or a worker may have action taken against them for a breach of the Occupational Health and Safety Act or Regulations.

One of the objectives of the NSW OHS Act 2000 (Part 1 sec 3c) is to "promote a safe and healthy environment for people at work that protects them from injury and illness and that is adapted to their physiological and psychological needs."

The OHS Regulation 2001 causes the employers to identify hazards arising from "the potential for workplace violence", among other things (Chap.2 clause 9 (j)). WorkCover's Guide to Violence in the Workplace includes verbal and emotional abuse or threats, ganging up, bullying and intimidation.

Download more info:
Bullying Factsheet 10 - Is Bullying Illegal? (pdf File) [ Get a player/reader for this file here ]

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