I have an employee who I suspect is bullying/harassing another employee. What do I do?
Workplace harassment refers to all forms of conduct within a workplace which humiliates, offends or intimidates. This includes bullying, sexual harassment and other behaviours. Work related bullying and harassment usually takes place within the workplace. However, conduct outside the workplace may still amount to workplace harassment.
There are a range of potential legal actions which can arise from workplace harassment and/or bullying which include:
- Claims brought under the Fair Work Act;
- Prosecutions under OHS legislation;
- Breach of contract claims; and
- Claims brought under anti-discrimination legislation.
As an employer, if you receive a complaint of bullying and/or harassment in the workplace, you should take the matter seriously and respond to the complaint in a timely manner. It is important to treat both the alleged victim and the alleged offender with impartiality and conduct a confidential and objective investigation. Additionally, an employer should follow its own grievance policy to ensure that there are no procedural errors.
For more information on this topic, contact Jon Meadmore.