Discrimination, bullying and harassment have significantly increased and become a tragic reality of
business life today. At some time they will visit your business.
Your business is not immune to these behaviours with the worrying trend that suggests that 65% of
the Australian population will experience bullying and harassment during their working
life.
It is estimated that 25% of workers to 21 years of age are subject to some form of workplace
harassment today.
Discrimination
Discrimination occurs when someone is treated unfavourably because
of one of their personal characteristics. Discrimination can include:
- Offensive "jokes" or comments about another worker's racial or ethnic background, sex, sexual
preference, age, disability or physical appearance.
- Expressing negative stereotypes of particular groups, e.g. "married women shouldn't be working".
- Judging someone on their political or religious beliefs rather than their work performance.
Bullying and Harassment
Workplace Harassment is commonly referred to as workplace bullying and usually implies individual
acts of workplace abuse where one person bullies another.
Bullying and harassment can be instigated by one person however frequently these days involve group behaviours
called ‘mobbing’.
‘Workplace Mobbing can be defined as a deliberate and calculated attempt by more than one person
to force another person to leave the workplace through harassment, abuse, unjustified accusations, humiliations,
threats, violence and terror. This includes workplace homicide’.
Cost to Your Business of These Behaviours
A Tasmanian Government Agency assessing average costs of internally investigating bullying found it cost $36,500
to investigate a bullying claim. This is a significant potential cost to your business.
What Are My Obligations?
Workplace health and safety legislation places a legal obligation on employers to control
all health and safety hazards in the workplace by eliminating them or otherwise safeguarding workers’ health.
Any form of discrimination, bullying or harassment is a workplace safety hazard. Internal
organisational structures, practices or behaviour that involve bullying are your responsibility as a business
owner. It is your responsibility to eliminate them.
In addition anti-discrimination and human rights and equal opportunity legislation place an obligation
on you to ensure that discrimination is eliminated whenever and wherever it may occur.
Vicarious Liability
Employers may be vicariously liable for the actions of their employees
if they are unable to demonstrate that they took reasonable steps to prevent discrimination, bullying or
harassment including informing employees of unacceptable behaviours.
There are significant penalties if your business and you as the owner are found to have
breached your responsibilities.
Unacceptable behaviours can ruin your business reputation, lead to cost overruns, decreased
employee morale and decreased profitability!
What Can I Do?
Possible solutions include the following:
- Employment and Induction Processes
- Policy statement and procedures on Discrimination, Bullying and Harassment prevention
- Employee Training
- Grievance policy and process
- Acting confidentially, timely and impartially.
- Mediation
You are not alone. Biz Momentum have assisted a number of businesses resolve successfully resolve a number
of workplace discrimination and harassment issues.
Further Information
Philip Lye is Director of Biz Momentum Pty Ltd. He works with small to medium businesses to help them
cut through the maze of people matters. Clients get specific actionable strategies to protect their business
interests. For more information on Philip, visit www.biz-momentum.com and
subscribe to his free monthly e-zine.
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