High levels of bullying and sexual harassment in the workplace are going unreported because employees fear losing their jobs if they speak out.

As the economic crisis puts more pressure on the workplace through increases in redundancies and workplace cutbacks, concerns are held that bullying incidents will increase and be more likely to go unreported.

A survey of 788 workers by CareerOne found that 62 per cent had been bullied by a senior person at work and that only 59 per cent had reported it. Similarly, 74 per cent of sexual harassment cases went unreported because of the fear of reprisals, including the possibility of losing the job.

Bullying can be subtle or overt. It can include name calling, public humiliation, deliberately leaving someone out of the communication loop, assigning meaningless tasks, stealing ideas and spreading rumours.

People being bullied can suffer anxiety disorders, stress, depression and insomnia; and for the employer it can mean lost productivity and staff loyalty, a damaged reputation, higher staff turnover and poor morale.

Under the various Occupational Health and Safety Acts, employers and employees have a legal responsibility to comply with any measures that promote health and safety in the workplace.

The Human Rights and Equal Opportunity Commission says that because of this duty, employers need to eliminate or reduce the risks to employees’ health and safety caused by workplace bullying, discrimination and harassment.

It is in employers’ interests to act on cases of bullying and to have internal policies in place to make it easier for people to report such incidents.

A recent publication by Worksafe Victoria – Preventing and addressing bullying at work (February 2009) – is a practical guide for employers and employees that provides information on addressing and responding to bullying in the workplace, risk management strategies for employers as well as policies and procedures to manage bullying at work.

If the bullying relates to one of the attributes covered by federal or state anti-discrimination laws – such as sex, race or disability – then it will also be unlawful and a complaint can be made to the Victorian Equal Opportunity and Human Rights Commission.

It is not always easy for workers to speak out about illegal, immoral or improper practices because of the potential personal repercussions.

In the public sector, the federal government has moved to address greater protections for whistleblowers and has recently released a report into its inquiry on this matter.

The report is available at www.aph.gov.au/HOUSE/committee/laca/whistleblowing/report.htm.

For information on bullying, go to www.hreoc.gov.au/info_for_employers/fact/workplace.html.

Remember, if you have any concerns about your rights and responsibilities at work, your lawyer will be able to assist you.

More information

From the LIV Bookshop: Bullying and Sexual Harassment: A practical handbook, by Stephens & Hallas, 2006, $52