Bullying, Harassment and Discrimination in the Workplace
Bullying in the workplace is repeated and unreasonable behaviour directed towards a worker (or a group of workers) that creates a risk to health and safety. Examples of bullying include aggressive, frightening, belittling or intimidating behaviour, baiting and unreasonable teasing of an individual or group. Workplace bullying can be face-to-face, or via text messages, e-mails, phone calls or other social media forums.
Bullying does not include reasonable management actions carried out in a reasonable manner and workplace conflict, such as differences of opinion and disagreements.
Similar to bullying, harassment occurs when someone is made to feel intimidated, insulted or humiliated because of their sexual orientation, sex, disability, religious beliefs, nationality and ethnic origin, colour, race or another other characteristic referred to in Australia’s antidiscrimination or human rights legislation. Examples of harassment include insulting jokes about a particular ethnic group, sexual explicit emails, offensive posters or screen savers and derogatory comments about a person’s religion.
Discrimination occurs when a person (or group of people) is treated less favourably than another person in the same or similar circumstances, because of their race, colour, nationality, religion, sex, disability or any other characteristic referred to in Australia’s antidiscrimination or human rights legislation. Discrimination often occurs in the recruitment process, the delivery of training and the selection of staff for promotion.
Bullying, harassment and discrimination in the workplace are unlawful. If you believe you have experienced workplace bullying, harassment or discrimination, you may be entitled to make a complaint and receive reinstatement or damages for the harm and loss that has been incurred. For further information, please contact one of our experienced employment law solicitors on (02) 9232 8033 or fg@fglaw.com.au.
