Employment Relations -Business Improvement Update
Bullying, Harassment and Discrimination in the Workplace This article is intended to provide hospitality employers and members with an overview of why it is important to fully appreciate the full extent of real or alleged breaches of workplace bullying, harassment, and discrimination. The THA supports the need to ensure workplace health and safety while also ensuring compliance with legislation set down for any alleged workplace matters. We highly recommend referring to the guidelines on the Fair Work Website if in any doubt. The Role of the Fair Work Commission (FWC) The FWC is now the national workplace relations tribunal that deals with applications to stop bullying at work under the Fair Work Act. Employers and Employees can take the FWC’s anti-bullying eligibility quiz. If deemed appropriate and eligible, employees can lodge a stop bullying application with the FWC. Employees and Employers can get free legal advice (if eligible) about general protections or bullying from the FWC’s Workplace Advice Service . If these laws do not cover you, each state and territory have a workplace health and safety body that can provide advice and assistance about workplace bullying. The THA will continue to provide education and awareness support information, services, or referral to ensure our members remain vigilant and ensure a workplace environment that all employees feel safe. Bullying in the Workplace Everyone has the right to a workplace free from bullying. What is bullying? Bullying happens at work when: • a person or group of people repeatedly behave unreasonably towards another worker or group of workers. • the behaviour creates a risk to health and safety. • examples of bullying include: • behaving aggressively towards others • teasing or playing practical jokes • pressuring someone to behave inappropriately. • excluding someone from work-related events • unreasonable work demands. Sexual harassment in the workplace Under the Fair Work Act, sexual harassment at work happens when a worker or group of workers: • makes an unwelcome sexual advance. • makes an unwelcome request for sexual favours • engages in other unwelcome conduct of a sexual nature in relation to another worker.
To be deemed sexual harassment, it must be reasonable to expect that there is a possibility that the worker being sexually harassed would be offended, humiliated, or intimidated. Some forms of sexual harassment can also be considered bullying if the behaviour is repeated or continuous. But unlike bullying, sexual harassment does not need to be continuous or repeated behaviour, it can be a one- off event. Remember this …..it is how the aggrieved person feels or is made to feel that is a basis for any alleged situation, not what the accused may of intended or not. Discrimination in the workplace Bullying is different from discrimination. The Fair Work Act prohibits an employer from taking adverse action against an employee for discriminatory reasons, including their sex, race, religion, or gender. Adverse action can include firing or demoting someone. Bullying doesn’t have to be related to a person’s or group’s characteristics. Adverse action doesn’t have to have happened for bullying to occur. Reasonable management action Reasonable management action 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. Management action that is not carried out in a reasonable way may be considered bullying. Protection from bullying in the workplace The laws to stop bullying under the Fair Work Act only apply to certain workers in Australia. A worker includes: • an employee • a contractor or subcontractor • an outworker • an apprentice or a trainee • an intern • a student gaining work experience. • some volunteers. If these laws do not cover you, each state and territory has a workplace health and safety body that can provide advice and assistance about workplace bullying. Where to get workplace help If an employee thinks bullying, sexual harassment or discrimination has happened at the workplace, they are encouraged to speak with; • an employer supervisor or manager • an employer health and safety representative
46 Tasmanian Hospitality Review August/September Edition
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