Bowen Buchbinder Vilensky

Bullying in the Workplace – Part 2

By Les Buchbinder, Director at Bowen Buchbinder Vilensky Lawyers

 10 February 2014

In response to my blog post last week highlighting some new changes to the law regarding bullying in the workplace, I received several enquiries which in effect asked what type of conduct can amount to bullying in the workplace.

Whether the particular conduct concerned amounts to bullying depends in each case on the context and circumstances.

Generally speaking under the Fair Work Act 2009 bullying occurs when a person or a group of people in the workplace repeatedly behaves  unreasonably towards another person or group at work, and that behavior creates a health and safety risk.

It is really important to recognize that reasonable management actions done in a reasonable way do not constitute bullying.

Bullying happens when someone repeatedly behaves unreasonably towards another person or group of people and that behavior creates a risk to health and safety.

Bullying behaviour may take different forms. It may involve, for example,  aggressive or intimidating conduct or unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level.

However, in order for it to be bullying the behaviour must be repeated and unreasonable and must create a risk to health and safety.

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