Lily Dekic

Manger, Psychosocial Practice

WorkSafe Victoria

Allegations of workplace bullying – role of the Regulator

The Psychosocial PracticeName change to Psychosocial Practice in July 2014 to incorporate

broader scopeCurrently 12 Inspectors working statewide.Inspectors located in:

- Essendon Fields

- Mulgrave

- Bendigo

- Geelong

What is workplace bullying?Characterised by persistent and repeated negative behaviour directed at

an employee (s) that creates a risk to health and safety.

OHS law places duties on employers to eliminate, so far as is reasonably practicable, risks to the health and safety of their employees. If it is not reasonably practicable to eliminate risks to health and safety, then an employer must reduce those risks so far as is reasonably practicable. (s21)

OHS law places duties on employees to take reasonable care for the health and safety of persons who may be affected by their acts or omissions at a workplace and to cooperate with their employer’s actions to comply with the OHS Act.(s25)

What is not bullying behaviour?Legitimate management practices Allocation of work Reasonable management actions Following up on work absences Monitoring performance Performance management Disciplinary action Poor management Minor conflict in the workplace

Contacting WorkSafe’s Advisory Service

1800 136 089Where the allegations appear to meet the characterisation of workplace bullying the caller will

be sent a ‘bullying pack’

- Cover letter

- Information in relation to workplace bullying and supports available

- Summary of Events formTo assist WorkSafe in progressing with the allegations, it is important that these forms are

completed as accurately as possible and returned to the advisory service in a timely manner

A typical visit from the Psychosocial PracticeHas the employer processes in place for reporting and responding to allegations of bullying?

Have employees been trained and provided information in these processes?

Is there adequate supervision in the workplace?

Determine whether there is sufficient evidence to support a prima facie case of a breach under the OHS Act

This may include review of Internal and/or external investigation reportsCircumstance investigation reportsInterviews/witness accounts/statementsEvidence – documentary, recordings, CCTV

QA