Given that there is no law defining bullying or non-sexual harassment, a lot of organisations are left struggling to interpret various state codes and guidelines. The test is what a “reasonable person” would do.
The tight economic conditions are playing a role, with leaders under pressure.
Faraday-Brash says that, while employees are more sensitive to unacceptable workplace behaviours, employers are making their staff more accountable. “In the past it was about coming into work and putting in an effort,” she says. “Now employees are facing with more precise and accurate descriptions about success in the job, and they are being asked to measure up to more clear and rigorous standards. Some are feeling the pinch.”
On the other hand, the pressures on leaders might be contributing to perceptions of bullying. Faraday-Brash says: “Managers themselves are feeling the heat. Because they have to justify their position, some may execute that poorly and push for results unreasonably. They may be well-meaning but sloppy in their execution.”
Both leaders and employees recognised problems with inappropriate emails.
Faraday-Brash says the pressure contributes: “What is lost is the ability to fineness the tone of emails. Without context or a jocular expression, an email takes on huge importance.”
Gerard Phillips, industrial relations partner at Middletons Lawyers, says email is a “red-hot example” of how easy it is to misconstrue exchanges. “We’ve all received emails and thought, ‘Gee whiz!’ The tone and context of email is frequently misconstrued, yet people have a tendency to fire them off without thinking.”
Receiving a nasty snail mail is a rare occurrence, by comparison, he points out.
Henderson says the data from the survey provides an opportunity for leaders to step back and rethink their approach.
“If organisations are going to improve, they need to ensure their managers and leaders set the example, and check that, at the top level, their style is not bullying
“Then we suggest that they set about getting the facts. Run internal anonymous surveys where people feel free to give feedback and compare themselves to the LEAP survey.
The third step is being committed to implementing a zero-tolerance policy. If they understood the effect on morale – besides it being their responsibility – bullying is number two in terms of its effect on the people’s performance.”
Workplace lawyer, Kathryn Dent, says: “It is very important for managers and leaders to be aware of bullying and harassment; it can give rise to workers compensation claims and breaches of Occupations Health and Safety laws for both the company and the individuals.”
On top of workers compensation costs, there can be sick leave, negative impacts on morale, productivity, and absenteeism and there might be litigation for issues such as unfair dismissal.
Dent says training is essential to make bullying policy a “living, breathing document”. It has to be reviewed to keep up with changes in processes and technology, and become part of the induction process.
Leadership is the essential element to successful policies and training. “It is refreshing for me to see it led from the top, where you have the managing director attending the training with everybody else, or introducing the sessions.”
Crucially, once it is implemented, a policy must be enforced. Dent says: “It is a matter of pulling people up and disciplining them over a breach, and making sure that breaches are not ignored.”
Kath Walters is the editor of LeadingCompany and an award-winning journalist of 15 years’ experience. Kath was previously a senior writer and editor at BRW magazine covering management, strategy, finance, entrepreneurship and venture capital across all industry sectors. In 2006, Kath won the Citibank Award for Excellence in Journalism (General Business). Follow her on Twitter.
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