Legal, management & workplace considerations

Victorian workplace bullying and harassment laws

Bullying and harassment can be prevented or minimised by taking appropriate measures including

• Implementing and promoting workplace bullying policies and procedures,
• Monitoring the health and safety of workers,
• Monitoring conditions at the workplace and providing appropriate information, instruction, training and supervision.

Victorian employers have a legal obligation under Victorian and some Commonwealth laws to control inappropriate behaviour.

Managers' responses to inappropriate behaviour

If a manager witnesses bullying, harassment or inappropriate behaviour, or receives an allegation from an employee, they should immediately and discreetly raise this in their workplace according to the processes and policies in place, and make a time to discuss in further detail with the individual whose behaviour wasn’t acceptable.

If a report of bullying, harassment or inappropriate behaviour has been made, the manager should respond in a timely manner according to the organisation’s policies and procedures.

It’s important that managers are compassionate, understanding, listen, take allegations seriously and make a record of actions being taken. Workplaces should provide information and training to managers about how to deal with inappropriate behaviour and when to escalate issues.

Even if a matter goes on to be managed by Human Resources, managers should keep in mind their responsibilities to:

• treat all matters seriously;
• maintain confidentiality, impartiality and fairness;
• speak to all relevant parties; and
• inform relevant parties of the outcomes, while maintaining confidentiality.

Systems to prevent and reduce the risk of bullying and harassment in the workplace

To prevent and reduce the risk of bullying and harassment in the workplace, organisations should:

Promoting a positive culture in your workplace

The Department of Health and Human Services has developed a comprehensive framework for promoting a positive workplace culture in health services.

The framework is based on seven core principles to help workplaces, leaders and staff understand what they can do to contribute to a positive working environment. The framework recommends:

• Leaders demonstrate commitment to identify and respond to inappropriate behaviour.
• The organisation and staff understand and manage risks relating to culture and inappropriate behaviour, including bullying, harassment and discrimination.
• Safe systems of work are in place that reduce risks to health and safety associated with inappropriate behaviour, including bullying, harassment and discrimination, and that promote staff wellbeing.
• The organisation has effective mechanisms for the management of people.
• Staff access appropriate, consistent and effective training.
• Workplace relationships are respectful and built on trust.
• The organisation embraces diversity and is committed to inclusion.

Further information and advice on what you can do in your workplace to address these core principles can be found by reviewing the framework.

Reporting bullying or harassment to your employer

If you report bullying or harassment, you should expect:

• your employer to take your complaint seriously and to treat you with respect and listen;
• access to clear policies and procedures the organisation’s complaints management procedure including investigation and response to any allegations of bullying or harassment (usually on the organisation’s internal website);
• support from your manager, who should know their role and responsibilities when staff report bullying allegations to them;
• your allegation to be treated with confidentiality.

If a matter ends up being formally investigated, it should be examined impartially, involve identifying and speaking to relevant parties, assessing reports on their merits and facts and allow for sufficient time.

At the end of an investigation, the person making the complaint should be advised of what action (if any) their employer proposes to take. If a person is aware that a complaint has been made against them, that person should also be advised of the proposed action and be given an opportunity to respond to it.