Bullying vs Harassment

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What is Bullying?

Workplace bullying is repeated, unreasonable and unwelcome behaviour directed towards an employee or group of employees that creates a risk to health and safety. Bullying is considered a workplace health and safety issue and employers have a legal and moral obligation to create a workplace that is safe and free of bullying behaviour.

A worker could be bullied if a person or group of people repeatedly act unreasonably towards them or a group of workers and the behaviours creates a risk to health and safety of the individual. Bullying could include behaving aggressively, teasing or practical jokes, unreasonable work demands or even excluding someone from work-related events.

What is NOT workplace bullying?

Reasonable management actions that’s carried out in a reasonable way is not bullying. An employer or manager can:

• Make decisions about poor performance

• Take disciplinary action

• Direct and control the way work is carried out

What is harassment?

Workplace harassment is unwanted behaviour that offends, humiliates or intimidates a person and targets them on the basis of a characteristics such as gender, race or ethnicity. Whether the behaviour is unwelcome is a subjective test whether a reasonable person would have this effect. Harassment occurs in the workplace when someone takes adverse action against another person based on a protected attribute or characteristic.

Harassment usually centres around unwanted behaviours that are sexual, racial or physical.  These laws differ from those of Health and Safety that are covered under workplace, health and safety laws. Businesses have a legal obligation under anti-discrimination law to provide a safe workplace free from harassment.

What is NOT harassment/discrimination?

It's not discrimination/harassment if the actions:

• are allowed under state or federal anti-discrimination law

• are taken against an employee of a religious institution to avoid harming the organisation's religious beliefs

• do not relate to one of the protected attributes or

• relate to the necessary requirements of the job.

If you feel that you have been a victim of workplace harassment or bullying, Infinity HR can provide you with guidance and support on how to deal with such misconduct.

For employers who want to ensure the workplace they are providing is free from harassment and bullying and safe for all employees, Infinity HR can provide you with resources and a roadmap on how to get there (including policies, training, etc.). For more information contact our team at 0400 489 743 or email info@infinityhr.com.au

To find out how else Infinity HR may be able to support your business visit our ‘Services’ page.