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Myths about workplace bullying addressed

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HC Online | 24 Sep 2012, 12:00 AM Agree 0
The same prominent workplace lawyer who last week slammed the ‘failure’ of Australia’s legislation around bullying in the workplace, has produced a list of myths around the same subject.


  • Jo | 24 Sep 2012, 02:51 PM Agree 0
    I fail to see what kind of legal reform this article is proposing when the article says bullying should not criminalised or a health and safety issue. The article is proposing a lot of don't, with no way to rectify the problem.
  • Felicity Law, Executive Support Specialist | 24 Sep 2012, 03:28 PM Agree 0
    The reoccurring message is prevention. If more emphasis was placed on managing issues before they escalate, then there would not be such a strong need for a "to punish or not to punish" plan.

    Companies need to take the first signs (of bullying, or potential bullying) seriously.
  • David Troughton | 24 Sep 2012, 10:15 PM Agree 0
    There is a risk of having legislation that becomes over prescriptive. The definitions narrow what may be considered bullying. If bullying behavior falls outside the narrow definition it becomes difficult to prosecute.
    Companies need to consider the WHS Acts PCBU requirement under Duty of Care(c) the provision and maintenance of safe
    systems of work;
    If the systems of work aren't preventing bullying utilise the Act to investigate assess and eliminate or minimise the risk.
    WHS is something organisations can utilise to address issues in an objective manner.
  • David Troughton | 24 Sep 2012, 10:34 PM Agree 0
    The WHS Act under Primary Duty of Care for a PCBU provides Sect 19 (3)(c) the provision and maintenance of safe
    systems of work;
    If your systems of work are not preventing bullying the legislation requires the risks be assessed and the bullying be eliminated. The assessment phase would soon highlight the high "consequence" of bullying. The act provides an objective method of addressing hazards and associated risks don't be frightened to use it to address human issues. The act is not just for heavy industry.
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