A senior member of the Fair Work Commission (FWC) has urged employers to invest in strong workplace policies and well-trained frontline managers to prevent workplace bullying matters escalating into legal disputes.
Speaking at a recent Sydney University labour law conference, Senior Deputy President Jonathan Hamberger said employers should make every effort to tackle bullying at the coalface.
“The need to maintain a reasonable relationship between the applicant and the employer – and in many cases between the applicant and fellow workers is critical,” he said.
“The mere fact of making an application for an anti-bullying order is likely to put such relationships under strain.
“In our experience, most applicants understand this at least as much as employers. They generally prefer to resolve matters informally and by agreement if at all possible.”
According to Senior DP Hamberger, the Commission focuses not just on the continuing risk of bullying in the workplace, but on ensuring employers and employees can continue working together after the bullying matter has been addressed.
“Interestingly, there has as yet not been a single case where the Commission has granted anti-bullying orders, apart from one where the orders were by consent.
“While this to some extent reflects the newness of the legislation, it is also indicative of the general approach of the Commission, which has been to try and resolve matters informally, through the use of conciliation and/or mediation.”
Senior DP Hamberger suggested that ‘informal resolution’ is best met at the earliest possible opportunity.
“There can be no doubt that the best approach is to prevent bullying occurring in the first place,” he said.
“It should go without saying these days that organisations need good policies outlining how people are to treat each other at work.
They also need internal grievance procedures. Employee Assistance Programs and harassment contact officers may also be helpful.
“Organisations should monitor grievances and use internal grievance procedures to identify problem areas or issues. However the best grievance procedures are the ones that are rarely used.
He then went on to say that positive workforce cultures are best embedded by good line managers.
“Line managers must have the authority to resolve people management issues, and organisations certainly need to provide training in people skills to their line managers,” he said.
“Organisations who genuinely wish to minimise the risks associated with workplace bullying should give priority to interpersonal skills when deciding who to appoint to managerial positions.”
In conclusion, Senior DP Hamberger said anti-bullying measures were first under the jurisdiction of the workplace.
“It is important that organisations have appropriate policies and procedures in place, but the most important thing is to ensure that you have the right line managers; that you give them the right authority and training; and you hold them to account when they fail.”
To read his address in full, click here.
