Workplace bullying is a pervasive issue affecting employees across various sectors in WA and Australia more generally.

Defined as “repeated, unreasonable behaviour directed towards a worker or a group of workers”, it can manifest in many forms, including physical and verbal abuse, intimidation, and social isolation. While workplace bullying is often viewed as an occupational health and safety issue for Employers to handle, it can also overlap significantly with criminal law, leading to potential criminal charges under the Criminal Code  of WA.

Understanding Workplace Bullying

Bullying can create a toxic work environment, leading to significant mental and physical health issues for the victims. The impact on employee morale, productivity, and overall workplace culture can be extensive. It’s crucial for organizations to establish clear policies and procedures to address bullying and create a safe, respectful workplace and take positive steps to prevent bullying occurring.

Criminal Implications of Workplace Bullying – for Perpetrators

In certain circumstances, behaviours associated with workplace bullying can cross the line into criminal conduct.

Under the Criminal Code Act 1913 (WA), specific actions may lead to criminal charges.

Workplace bullying can overlap with criminal law in the following areas (amongst others):

1. Assault
   • Physical bullying, such as hitting, pushing, or any form of physical intimidation, can be classified as assault under Section 222 of the Criminal Code.
   • This includes threats of violence that create a reasonable apprehension of harm.
   • Victims of physical bullying may pursue charges, and such incidents can lead to significant legal repercussions for the perpetrator.
2. Stalking
   • Repeated, unwanted contact that causes fear or distress can be classified as stalking under Section 340 of the Criminal Code.
   • This may include monitoring a colleague’s activities, sending threatening messages, or using technology to harass.
   • Stalking laws provide victims with avenues to seek protection and hold perpetrators accountable under criminal law.
3. Defamation
   • While primarily a civil issue, spreading false information about a colleague can lead to serious criminal consequences. If defamatory statements cause serious harm to the victim’s reputation, this behaviour may result in legal action.
   • In extreme cases, such as malicious intent, it can attract criminal implications under certain circumstances, although criminal defamation is fairly uncommon.
4. Harassment
   • Under Section 338C of the Criminal Code, harassment is defined as behaviour that is intended to intimidate or cause distress.
   • This can encompass a range of actions, including verbal abuse, derogatory comments, or continuous unwanted communication.
   • Such behaviour may lead to criminal charges, particularly if it creates a hostile environment for the victim.

Legal Implications of Workplace Bullying  for Employers

In some circumstances, if workplace bullying or harassment escalates to criminal conduct, such as assault or threats, and is referred to the police, the employer may face several potential legal consequences:

1. Workplace Health and Safety (WHS) Obligations

• • Employers have a duty under workplace health and safety laws to provide a safe working environment.
  • If bullying or harassment occurs, it may indicate a failure to meet these obligations.
  • Employers could face investigations and penalties from regulatory bodies like WorkSafe.

2. Civil Liability
   • Employers may be held liable in civil court for failing to prevent the bullying or harassment.
   • This could result in compensation claims from affected employees for damages, including psychological injury.
3. Reputational Damage
   • The referral of a workplace incident to the police can lead to significant reputational damage for the employer, affecting their ability to attract and retain talent.
4. Regulatory Action
   • Regulatory bodies may conduct investigations into the employer’s practices, which can be time-consuming and costly.
   • Employers may be required to implement corrective measures to prevent future incidents.
5. Loss of Business Opportunities

• • The negative publicity and legal consequences associated with criminal charges can lead to a loss of business opportunities and partnerships.

Seeking Justice

Victims of workplace bullying in Western Australia have multiple avenues for seeking justice against perpetrators. They can report incidents to their employer, seek support from HR, and contact relevant workplace safety regulators such as Work Safe and seek counselling and support from their workplace Employee Assistance Provider (“EAP”) if provided.

If the behaviour crosses into criminal conduct, individuals can file a police report, leading to potential criminal charges against the perpetrator.

Preventing Workplace Bullying

Organizations can take proactive steps to prevent workplace bullying by implementing thorough and comprehensive policies, providing training on respectful workplace behaviour, and ensuring that employees know how to report bullying safely and confidentially.

Creating a culture of respect and accountability can significantly reduce the incidence of bullying and its associated risks.

Conclusion

Workplace bullying is not just a matter of workplace ethics or internal politics, it can also have serious legal implications under WA criminal law. Understanding this intersection is crucial for both employees and employers.

By fostering a respectful work environment and addressing bullying behaviour promptly, organizations can protect their employees and minimize the risk of legal consequences. Awareness and action are key to combating workplace bullying and ensuring a safe, healthy workplace for all.

References

• Criminal Code Act 1913 (WA)
• Safe Work Australia