The outcome of the legal battle surrounding allegations of workplace bullying could have implications for Western Australian small to medium enterprises without bullying policies, according to a workplace behaviour specialist.
The outcome of the legal battle surrounding allegations of workplace bullying could have implications for Western Australian small to medium enterprises without bullying policies, according to a workplace behaviour specialist.
Mt Lawley-based bullying specialist Sally Jetson, of Sally Jetson and Associates, said a successful prosecution in the Australian Nursing Federation bullying case could force businesses who had not set out a specific policy on bullying to do so.
Last week, Magistrate Peter Malone ruled that ANF secretary Mark Olsen had a case to answer in one of the five bullying charges he was facing.
The ANF also faces one charge of failing to provide and maintain a working environment in which the employees were not exposed to hazards, contrary to the Occupation Safety and Health Act.
Closing submissions were heard on Monday, with the magistrate reserving his decision.
Ms Jetson said that, while WA was behind compared with the other states in terms of prosecuting bullying in the courts, successful prosecutions in the eastern states had resulted in damages payouts of up to $200,000.
“Employers are not required under the law to have a bullying policy, but they are required under the law to let employees know what their rights and obligations are,” Ms Jetson told WA Business News.
She said the case had also put bullying on the radar for employers and employees.
“Employers need to define what kinds of behaviour would constitute bullying in their organisation,” she said.
“Some employers may see it as a burden. But there is a huge amount of information out there that’s free and available to all employers.”
Employees are currently protected from bullying under the Occupational Safety and Health Act.
The Equal Opportunity Commission had recommended that bullying be added to the Equal Opportunity Act as part of its May 2007 review of the act, to give complainants and respondents access to the commission’s investigation and conciliation functions.
But WA Business News understands that cabinet is currently considering referring bullying cases to the OSH Tribunal, based on the 2006 Hooker Review into the Occupational Health and Safety Act.
Chamber of Commerce and Industry WA OSH policy adviser Anne Bellamy said bullying was an important issue and she encouraged employers to have workplace policies in place to ensure employees were aware of what constituted prohibitive behaviour.
She said the Australian Nursing Federation case had brought the importance of the issue to surface, with a successful prosecution likely to send a strong message to workplaces.
“It’s important for employers small, medium and large to know that bullying can happen and they do need to keep their finger on the pulse.”
“It would certainly send a strong message to employers to be on top of issues, and one way to do that is to have a policy.”
