For employers, workplace bullying has economic costs for their business.9 It can lead directly to absenteeism, lower productivity through ‘presenteeism’ or time spent conducting investigations,10 WorkCover claims (resulting in higher insurance premiums) and sanctions or damages awards from work health and safety regulators and courts. There are also more indirect costs to a business such as hiring and training of new employees when someone resigns because of bullying (perceived or actual).11 The bottom line is that workplace bullying can shift resources away from the primary goals of a business and reduce its profitability.
In comparison, employees who are victims generally bear a more personal cost from bullying. It often leads (at the severe …show more content…
The harmonised WHS legislation, which applies in most states and territories, places a duty on persons conducting a business or undertaking to provide a safe and healthy workplace.19 Obligations are imposed upon relevant entities,, as well as individuals, such as supervisors and workers.20 This duty of care extends to protecting against both physical and mental harm,21 and can consequently be breached where bullying occurs in the workplace. Within each relevant jurisdiction, a WHS regulator is given power to oversee the operation of the legislation and bring prosecutorial action where there has been an alleged failure to meet health and safety …show more content…
WHS legislation provides an opportunity to clearly express the duty and standard of care imposed upon organisations and workers, giving them the opportunity to comply with the law and reduce bullying. WHS obligations can also be complemented by compulsory workplace accident insurance (WorkCover) schemes that provide a means by which those who are victims of bullying can be compensated and rehabilitated where they are injured.24 In principle, this combination sounds like a good way of dealing with the problem and may be why both business and union groups (such as the Australian Industry Group and the Australian Council of Trade Unions) see WHS law as the best way of addressing workplace bullying.25 However, it has been argued that in reality, WHS law is not a particularly effective means of dealing with the
19 See, eg, Work Health and Safety Act 2011 (Cth) s 19. 20 See, eg, Ibid pt II div 4.
21 See, eg, Ibid s 4 definition of ‘health’.
22 See, eg, Ibid pt
In comparison, employees who are victims generally bear a more personal cost from bullying. It often leads (at the severe …show more content…
The harmonised WHS legislation, which applies in most states and territories, places a duty on persons conducting a business or undertaking to provide a safe and healthy workplace.19 Obligations are imposed upon relevant entities,, as well as individuals, such as supervisors and workers.20 This duty of care extends to protecting against both physical and mental harm,21 and can consequently be breached where bullying occurs in the workplace. Within each relevant jurisdiction, a WHS regulator is given power to oversee the operation of the legislation and bring prosecutorial action where there has been an alleged failure to meet health and safety …show more content…
WHS legislation provides an opportunity to clearly express the duty and standard of care imposed upon organisations and workers, giving them the opportunity to comply with the law and reduce bullying. WHS obligations can also be complemented by compulsory workplace accident insurance (WorkCover) schemes that provide a means by which those who are victims of bullying can be compensated and rehabilitated where they are injured.24 In principle, this combination sounds like a good way of dealing with the problem and may be why both business and union groups (such as the Australian Industry Group and the Australian Council of Trade Unions) see WHS law as the best way of addressing workplace bullying.25 However, it has been argued that in reality, WHS law is not a particularly effective means of dealing with the
19 See, eg, Work Health and Safety Act 2011 (Cth) s 19. 20 See, eg, Ibid pt II div 4.
21 See, eg, Ibid s 4 definition of ‘health’.
22 See, eg, Ibid pt