The cost of losing your employees

Harassment, bullying, discrimination, vilification and let’s not forget, victimisation!  

These words are often used in the workplace to describe unfair or unreasonable behaviour by either an employer or employee.      SafeWork, New South Wales provides statistics that in 2015, 9.4% of employees have experienced bullying in the previous six (6) months of their employment and that 37% of Australian workers reported being sworn or yelled at in their workplace.    

Sounds like a bad marriage!

When will the Australian workforce get it?

In the same way you cannot behave badly in a marriage or a relationship and expect it to continue and be fruitful, you cannot behave badly in the workplace and expect there to be no consequences.      

The reality is that all business has a responsibility to make sure that their employees, and people who apply for a job with them, are treated fairly. This responsibility is set out in federal and state anti-discrimination laws, as well as the Fair Work Act 2009 (Cth).  As a result, certain behaviours in the workplace are unlawful. Further to this, occupational health and safety legislation requires employers to comply with any measures that promote health and safety in the workplace. Because of this duty, employers need to eliminate or reduce the risks to employees' health and safety caused by workplace bullying.  There is no dodging this subject and no get out of jail free card that can be accessed and used.  

There are proactive measures that you can take now to prevent and address harassment, discrimination and bullying in the workplace and to mitigate against potential claims. They are:

• Implementing an anti-harassment, discrimination and bullying policy, and

• Providing education sessions for all employees. 

Consider the Costs

Whilst updated figures are not available the research provided by SafeWork, New South Wales indicates that during the 2013 to 2014 the median cost for an accepted bullying and/or harassment claim was $22,600 (AUD).   Costs in 2019 have surely increased and let’s not forget about giving account of all the lost time and then the potential psychological injury claims to follow.

A mine field is ahead!

Costs and damages awarded are capped in New South Wales to the value of $100,000.   I guess if you have a spare $100,000 you could technically behave however you like. However, if you case was appealed and heard by a High Court (i.e. like in Canberra), then costs awarded are not capped.    So, strap yourself in and be prepared to pay up if you are found guilty.

Have a valid and up-to-date Policy

Ensure that your anti-harassment, discrimination and bullying policy is up to date and valid.    Ensure it’s written in such a way to provide some of the following points:

• Education to employees of the unlawful workplace behaviours.

• Company values and beliefs that relate to this topic.

• Consequences for breach of the policy and bad behaviour.

• A defined process for complaints and how an employee will be supported.
  

Failure to provide a written policy for your employees will not support your company if a claim is raised by one of your employees against you.  It simply shows the judging body that as a company you have made no effort to provide a positive workplace environment and create some standards of behaviour.     

BlandsLaw provides an excellent article about an organisation providing policy and education to employees to mitigate against such claims. You can read that article here

Educate Your Employees

Providing education to your employees at the point of entry into your company through an induction program is important in setting your ‘zero tolerance’ attitude to bad workplace environments.      Employees often come from a variety of workplaces, cultures and backgrounds and carry their own set of beliefs and values. It’s so important to set the scene for your new employees as to the expectations in the workplace. 

To mitigate claims and be able to refer to a time where an employee received specific education on this topic has been critical for many of my clients in being able to justify the termination and poor performance management of an employee.

My advice to my clients is to address issues in the workplace when they happen and don’t let things fester and become a status-quo of accepted behaviour.    Top performing employees don’t want a workplace environment that is difficult to navigate simply because of bad behaviour. Put in writing your standards of acceptable behaviour and keep a paper trail of poor performance matters.     Don’t be the employer that is caught out with good intentions but no policy documents to back them up.

Hendy HR provides access to an online Anti-Harassment, Discrimination and Bullying Policy for Australian businesses.     Our policy is certified as legally compliant by BlandsLaw (ABN 35 665 421 916) and is available for a short period as a discounted price as advertised.    

Find out more about our policy template here.

Hendy HR also provide face to face education for employees on this topic.    Please contact us for more details below. 

Employees are your best business asset!

Call us now on 0411 254 865 or email for an appointment at ahendy@hendyhr.com.au