Bullying is increasingly attracting headlines. Earlier this year, we saw the introduction of "Brodie's law" in Victoria to criminalise behaviours that are typical of serious workplace bullying. More recently, Pacific Brands has made headlines in relation to a $9 million claim by a former employee which includes alleged workplace bullying.
There is no national statutory definition of, nor prohibition against, workplace bullying. That said, it has long been accepted that workplace bullying can create exposure under occupational health and safety legislation for failing to provide a safe place of work.
And now, Safe Work Australia has finally released the Draft Code of Practice Preventing and Responding to Workplace Bullying (Draft Code) as part of the OH&S Harmonisation regime due to kick in on 1 January 2012.
One of the features of the model health and safety laws is the introduction of approved Codes of Practice. Although the Codes of Practice will not have statutory force like the Act and Regulations, application of an approved Code of Practice on a subject matter is admissible as evidence of whether an obligation under the Act has been complied with.
Not surprisingly, the Draft Code addresses in some detail the recommended content of a workplace policy and procedure in relation to bullying and complaint handling. Perhaps more surprisingly, the Draft Code provides that consultation with workers and their health and safety representatives must be carried out in the development of workplace bullying policies and procedures.
The Draft Code is now up for public comment, so no doubt there will be some tinkering before it's finalised. Either way, now is a good time to review your existing bullying policy in light of the Draft Code or, if you don't have one, get one in place. Getting your house in order now is bound to make compulsory consultation a smoother process, assuming of course the requirement remains.
You can check out the Draft Code at www.safeworkaustralia.gov.au
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