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Who is responsible for dealing with workplace bullying?

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  • Who is responsible for dealing with workplace bullying?

    In the new year, Australian workers can elect to skip the HR department and go straight to the Fair Work Commission.

    Some good points (making this story a contender for an Un-Social-Woes forum...)
    - the new laws cover any worker - meaning now employees; full and part time, contractors, volunteers and the like are all covered.
    - the new laws specify that the perpetrator can be any 'individual' - meaning that a customer that bullies a worker can be called out.

    Some bad points
    - no way to filter out frivolous claims (meaning that you could make a claim in order to bully someone...)
    - no legal force other than direction the behaviour must stop.
    - the bullying must be repeated - meaning that a single instance of abuse does not qualify.

    Personally, I'm glad there is now a way for bullied workers to get action that does not rely on internal processes.

  • #2
    Originally posted by draco664 View Post


    Some bad points
    1. no way to filter out frivolous claims (meaning that you could make a claim in order to bully someone...)
    2. no legal force other than direction the behaviour must stop.
    3. the bullying must be repeated - meaning that a single instance of abuse does not qualify.

    Personally, I'm glad there is now a way for bullied workers to get action that does not rely on internal processes.

    1. I'm sure that they would address the frivolous claims by asking for evidence if any. I found it very hard to lodge a discrimination complaint because the only evidence I had was some vague emails.

    2. If the bullying escalates into physical/sexual abuse territory, I think at that point calling Fair Work Australia wouldn't be an option-I'd be calling the police!

    3. No clue.

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    • #3
      Originally posted by draco664 View Post
      Some bad points
      - the bullying must be repeated - meaning that a single instance of abuse does not qualify.
      I don't think that's a "bad point". Everybody is or can be an asshole at times, doesn't mean there should be a legal remedy to it.

      If it is a continuing thing, then yes, it's bullying.

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      • #4
        - the bullying must be repeated - meaning that a single instance of abuse does not qualify.
        Insulting someone once isn't bullying. It's losing your temper, having a bad day, taking shit out on the wrong person... That's an HR issue. Insulting someone repeatedly is bullying.
        "Nam castum esse decet pium poetam
        ipsum, versiculos nihil necessest"

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        • #5
          problem is, I've seen teachers excuse bullying as "isolated incidents" before- so you DO have to be careful in making sure that so-called "isolated incidents" actually are.

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