What constitutes workplace bullying in Australia?

Angry

Angry Source: Getty images

Prime Minister Scott Morrison says he is confident bullying is not an issue in his government. It comes after federal Liberal M-P Ann Sudmalis used parliamentary privilege to name Gareth Ward as a bully. But just what constitutes workplace bullying under Australian law?


The Prime Minister has ordered the Liberal party to set up a confidential and rigorous process to deal with bullying complaints.

Scott Morrison has told radio 2-G-B there is no bullying among Liberals in parliament - but he says it's a different matter among some state MPs.

"What it has turned out...you know, all the issues that have been raised around these things over the last few weeks, they actually have been...as they have related to the party organization, not the parliamentary party in Canberra. And that is why I have asked the party organisation to come up with a rigorous and confidential process to deal with these things. But I'm not going to get distracted by it. I have to look through the dust and make sure we focussing on the things that make a big difference."
Prime Minister Scott Morrison and Minister for Women Kelly O'Dwyer during a division in the House of Representatives at Parliament House.
Source: (AAP/Mick Tsikas)
It comes as Ann Sudmalis become the latest Liberal MP to make claims of bullying, saying she will follow Julia Banks and exit parliament after the next election.

She used parliamentary privilege to accuse NSW Liberal MP Gareth Ward of bullying through branch-stacking, leaking and undermining her position.  

Mr. Ward has told the ABC, he completely rejects the allegations.

"Politics can be a robust game. Sometimes we have discussions internally, sometimes I don't agree or disagree with my federal colleagues. We have debates, which are appropriate. And people shouldn't conflate the two issues. Internal democracy within the Liberal party is not necessarily bullying. And I think they are two very different things. I grew up with a disability. I have albinism. I know what it is like to be bullied. I absolutely abhor bullying in all its forms, and would never bully anybody."

 Liberal senator Concetta Fierravanti-Wells welcomed the establishment of the high-level committee to deal with complaints, saying it needs to be independent and enforced.  

But she rejected calls for a female quota system.  

She has told Sky News, female MPs need to accept that the parliamentary workplace is different.

"Politics is a tough game. It can be brutal, it can be tough. It can be all of those things. But the reality is, that politics is very different from other professions."

The legal definition of workplace bullying is outlined in the Fair Work Act as "unreasonable behaviour...that creates a risk to health and safety", and does not include "reasonable management action".  

Giri Sivaraman employment law principal at Maurice Blackburn lawyers has represented alleged victims of workplace bullying.  

He says the definition of what is reasonable behavior is often the most contentious issue.

"The real question for debate is 'what is unreasonable'. Employers may have a much higher bar than employees, in terms of what is unreasonable. And it is going to turn a little bit on workplace to workplace. So that is where there is the ambiguity. Ultimately, it is the (Fair Work) Commission that sets the standard. They will to some extent manage - what they say is 'management prerogative' and the right to set standards and discipline people in the workplace, compared to going too far, and damaging people, or overreaching. So it is that balancing act."

 Factors that have been considered by the Fair Work Commission as bullying include "...intimidation, threats, humiliation, shouting, sarcasm, and victimisation",  as well as "malicious pranks, physical, verbal and emotional abuse, harassment and isolation, rumor-mongering, disrespect, and discrimination*".

Mr. Sivaraman says there have not been many successful orders made to stop bullying under the Fair Work Act -- but that is not for a lack of trying.

"I don't think that reflects people not trying to use the laws. I think it reflects that resolutions often occur outside of the commission, or they result in people leaving the workplace altogether."

As for whether the protections of anti-bullying would be available for federal politicians, Mr. Sivaraman said the question has not yet been tested in the courts.

"So the question is whether a politician is doing work in an undertaking carried out by the Commonwealth. Arguably they are, you would have to say that they are doing some work, even if people might dispute that, the reality is they are. And clearly it is the Commonwealth, it is the very embodiment of the Commonwealth in terms of an undertaking of the Commonwealth. So there is certainly an argument to say that they would be covered but it is a novel question. And I think it is one that would have to be tested, though I very much doubt any politician's going to actually seek recourse under these laws."

Indian Australian Puneet Gulati is an ambassador for “Zero Bullying Australia”. He says at times people doing the investigation have no or little knowledge of the culture and background of the victim.
Zero Bullying
Source: Supplied
He suggests having a person of diverse cultural background to examine and investigate complains will help to solve the issue.

 Scott Morrison has also ordered the Liberal Party federal executive to develop a concrete plan on how to attract more female MPs to the federal parliament.

 There are currently 13 coalition women in the lower house, but that could drop to as low as five at the next election - with a number of female MPs' seats at risk**.

Labor has 29 women in the lower house and is hoping to increase that to the high 30s at the next election by running female candidates in marginal seats.


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