Under the Work Health and Safety (National Uniform Legislation) Act and Regulations workplace bullying is defined as repeated and unreasonable behaviours directed towards a worker or a group of workers that creates a risk to health and safety.
Whether it is intentional or not, workplace bullying if repeated or unreasonable can create a risk to Work Health and Safety. Some examples of this behaviour includes:
For more examples and further information, see our guide listed below - 'Workers guide to dealing with workplace bullying'.
Its reasonable for PCBUs, managers and supervisors to:
These actions are not considered workplace bullying if they are carried out lawfully and in a reasonable manner.
Difference of opinion and disagreements are generally not considered workplace bullying. People can have differences and disagreements at work without engaging in repeated, unreasonable behaviours that creates a risk to WHS. People may also take offence at some behaviour that, in itself, is not unreasonable (including action by management). For more examples and further information, see our guide listed below - 'Workers guide to dealing with workplace bullying'.
The role of NT WorkSafe is to assess whether the PCBU at the workplace concerned, has appropriate systems in place to manage the risk of exposure to workplace harassment. In most circumstances, this does not include taking steps to prove or verify that harassment has occurred or seeking individual remedy or outcome on behalf of the complainant.
NT WorkSafe responds to workplace harassment complaints only in certain situations that fall within the scope of the WHS (NUL) Act:
Information regarding the outcome of this step should be included in the written complaint.
NT WorkSafe will not provide mediation, counselling or victim support.
NT WorkSafe does not:
NT WorkSafe's free Small Business Safety Program aims to improve small business capacity and capability to understand, comply and manage their own heath and safety systems. Advisors can assist you in developing your safety management system, and support you to create a mentally safe and healthy workplace - a known factor in preventing workplace bullying. The advisors can help you with free practical tools, face to face consultations and resources to do this.
To speak with a Small Business Safety Advisor call 1800 019 115 or email email@example.com.
For further information or to request a bullying and harassment complaint form contact NT WorkSafe on 1800 019 115 or firstname.lastname@example.org.
NT WorkSafe is a division of the Department of Attorney-General and Justice
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