When Workplace Relationships Turn Toxic: Understanding Bullying and Harassment

Workplace bullying and harassment can devastate careers, damage organisational culture, and create significant legal liability. Whether you're an employee experiencing mistreatment or an employer facing a complaint, having expert guidance is essential to navigate these complex situations effectively.

At Workplace Law, Margaret Robins brings over 30 years of experience and specialised training to workplace bullying matters. Her balanced approach serves both sides of these challenging situations with practical solutions and legal expertise.

What Constitutes Workplace Bullying?

Workplace bullying involves repeated and unreasonable behaviour directed toward a worker or group that creates a risk to health and safety. This may include:

• Persistent criticism or humiliation, often in front of colleagues
• Deliberate exclusion from work-related activities or information
• Spreading malicious rumours or gossip
• Setting impossible deadlines or constantly changing expectations
• Withholding resources needed to perform effectively
• Intimidating behaviour, including shouting or threatening language
• Sabotaging someone's work or deliberately setting them up to fail

Bullying is distinct from reasonable management actions carried out fairly, such as providing constructive feedback, setting reasonable performance goals, or taking appropriate disciplinary action.

Understanding Workplace Harassment

Harassment differs from bullying in that it specifically targets a person based on protected characteristics such as:

• Gender or sexual orientation
• Race, ethnicity, or national origin
• Age or disability
• Religious beliefs
• Political opinions

Harassment creates an intimidating, hostile, or offensive work environment and may involve unwelcome comments, jokes, visual displays, or physical behaviours related to these characteristics.

Certified Investigation Expertise

As a holder of the Association of Workplace Investigators Certificate, Margaret brings specialised training and a structured approach to workplace investigations. This certification ensures:

1. Methodical process - Following established protocols that withstand legal scrutiny
2. Impartiality - Maintaining objectivity throughout the investigation
3. Thorough documentation - Creating comprehensive records of all evidence
4. Confidentiality - Protecting the privacy of all parties involved
5. Clear findings - Delivering conclusions based on evidence, not assumptions

Comprehensive Services for Employers

When your organisation faces bullying or harassment complaints, Workplace Law provides:

• Independent investigations - Thorough, impartial examination of allegations
• Policy development - Creation of effective Workplace Harm and Bullying and Harassment policies
• Management training - Guidance on recognising and addressing problematic behaviours
• Legal representation - Defence against personal grievance claims
• Strategic advice - Practical solutions to resolve complex situations

Margaret helps employers fulfil their obligations under the Health and Safety at Work Act 2015, which requires taking all reasonably practicable steps to manage workplace risks, including psychosocial hazards like bullying.

Supportive Advocacy for Employees

For employees experiencing workplace bullying or harassment, Margaret offers:

• Strategic guidance - Advice on documenting incidents and navigating internal processes
• Representation - Advocacy in meetings with management or HR
• Mediation support - Assistance in facilitated discussions to resolve issues
• Personal grievance claims - Representation in formal legal proceedings
• Settlement negotiations - Securing appropriate remedies and compensation

Developing Effective Workplace Policies

A robust policy framework is essential for preventing and addressing workplace bullying. Workplace Law can develop customised policies that:

• Clearly define bullying and harassment behaviours
• Establish accessible reporting procedures
• Outline investigation processes
• Specify potential consequences
• Include support mechanisms for affected employees
• Comply with all relevant legislation

These policies not only help prevent harmful behaviours but also demonstrate an employer's commitment to maintaining a safe and respectful workplace.

The Investigation Process

When conducting a workplace bullying investigation, Margaret follows a structured approach:

1. Initial consultation - Understanding the scope and nature of allegations
2. Planning - Developing an investigation strategy and timeline
3. Evidence gathering - Interviewing relevant parties and collecting documentation
4. Analysis - Evaluating evidence against applicable policies and laws
5. Reporting - Providing clear, objective findings and recommendations
6. Follow-up - Advising on appropriate actions based on investigation outcomes

This methodical process ensures all parties are treated fairly while uncovering the truth about alleged misconduct.

Take Action Today

Whether you're an employer who has received a bullying complaint or an employee facing mistreatment, Workplace Law provides the expertise you need to address bullying and harassment effectively.

Contact Margaret Robins at Workplace Law on 027 270 1057 to discuss your situation and explore your options.