A recent court case and fines totalling $330,000 show that employers with knowledge of inappropriate behaviour at work "have to do something about it", says a prominent Australian law firm.

The case shows "just how seriously the courts are now taking bullying allegations", Sparke Lemore Special Counsel Adam Saunders said. "If you have knowledge of inappropriate behaviour... you can't just sweep it under the carpet and pretend it's not happening. Otherwise you can end up... being prosecuted and facing significant penalties."

The Victorian prosecution - of a cafe owner, his company and three employees - was launched following the suicide of an 18-year-old waitress who was relentlessly insulted and criticised at work.

Victorian Magistrate Peter Lauritsen fined the business and its owner a total of $250,000 for failing to maintain a safe work environment, and the employees between $10,000 and $45,000 each - among the highest ever issued to individuals in the State - saying the amounts would have been much higher had they not pleaded guilty to the charges.

The case came only days after the Productivity Commission reported that workplace bullying and harassment aren't given the same attention as the management of physical hazards at work, and WorkSafe has since launched a new enforcement campaign - "Silence will no longer be tolerated" - which aims to stamp out workplace bullying.

Saunders points out that employers shouldn't wait to receive a complaint from a bullying victim before they act. "If they are aware that it's happening they have an obligation. They've got knowledge of that risk and therefore they need to do what they can to control or eliminate it."

Employees need to be aware that, depending on which state they work in, they too have an obligation to report instances of bullying and inappropriate behaviour. "Their duty under the OHS Act in Victoria, for example, [includes] obligations to control or eliminate risks to themselves and others."

Saunders says an employer that is serious about eliminating workplace bullying needs to have in place systems that include:

• adequate policies dealing specifically with bullying and harassment (including robust IT policies);




• induction and training (including refresher training);




• instruction and procedures about reporting bullying and harassment;




• ongoing monitoring and review as part of a process of continual improvement; and




• appropriate intervention and investigation by supervisors and management when bullying and/or harassment allegations are made or an incident comes to their attention.

He adds that employers should:

• take steps to ensure employees understand what constitutes acceptable conduct in the workplace;




• identify workplace bullying and/or harassment as a potential hazard in the workplace;




• conduct a risk assessment for workplace bullying and harassment;




• put in place a consultation process in relation to workplace bullying and harassment;




• provide employees with adequate induction and training in relation to bullying and harassment prevention;




• implement incident management systems for workplace bullying and harassment;




• ensure employees know who to speak to, if they feel that they have been subjected to workplace bullying and/or harassment; and




• implement appropriate verification processes.