BLP BRIEF Bullying in the School Workplace

March 2018 By Tyson Brennan

As a Principal, you are responsible for managing Examples of bullying: large numbers of people; staff, students, parents and community members. You are • behaving aggressively, verbal abuse, abusive language, yelling and responsible for their wellbeing whilst at school screaming and undertaking school activities. What, • teasing or repeated practical jokes therefore, are your responsibilities when it • pressuring someone to behave comes to protecting those people, particularly inappropriately staff members, from bullying in the workplace? • excluding, isolating or marginalising What is bullying? from work-related events • unreasonable work demands, Workplace bullying is characterised by assigning meaningless tasks persistent and repeated negative behaviour • failing to give credit for someone directed at an employee, or group of else’s work. employees, that creates a risk to health and Brodie’s Law safety. The case of Brodie Panlock put the spotlight on To constitute ‘bullying’ in the workplace the workplace bullying in Victoria after she took her behaviour: own life following relentless bullying. Brodie’s Law makes serious bullying a criminal offence • Must be repeated. A one-off remark by extending the application of the stalking or action will not constitute bullying, provisions in the Crimes Act 1958 to include though may be another offence; behaviour that involves serious bullying. This • Must create a risk to health and crime is punishable by up to 10 years in jail. safety; • Must do more than just Who is protected? make someone feel upset or undervalued at work; and Full time, part time and casual staff, students • Must be at work. gaining work experience, contractors or subcontractors and volunteers. The Bully Your school should have clear, accessible and up-to-date policies regarding what behaviour is It is important to remember anyone, given the and is not acceptable within your school. All right circumstance, has the capability to be a staff members should be made aware of these bully. It is commonly a senior member bullying policies and any action taken by you should a junior member of staff but it may also be reflect the policies. between employees. Bullies can be nice people and good staff members. It may be useful to create a position that any inappropriate behaviour will not be tolerated in The cost of bullying the school community, whether or not it Bullying is taxing for the victim but also for your constitutes as bullying. school. For the victim it can impact their health Create a bully-free culture in your school. and safety affect their ability to do their job. Injuries and illnesses may include anxiety, This begins with you and the leaders of the depression, social phobia and stress conditions. school modelling proper behaviour. Simple gestures include sitting equally with staff in For the school community it can mean loss of meetings, and reminding staff of appropriate productivity, increased staff turnover, behaviour before social events. absenteeism, and low morale. Bullying and my school: What can I do? Act promptly

Your duty as Principal It is important to act on any report or witnessing of bullying. Ensure that you discuss As Principal, you owe a duty of care to all staff the matter with all relevant parties and take members to ensure that you take reasonable steps to put an end to the bullying behaviour care to manage and maintain their safety at quickly. work. In summary: The Occupational Health and Safety • Workplace bullying has the capacity Act requires that you: to harm individuals. • It is unlawful. • Proactively identify safety risks to all • staff members; It can expose individuals to personal liability. • Eliminate (or reduce) so far as is • reasonably practicable, risks to the There is no excuse. health and safety of employees; • The implications can be Workcover • Take reasonable care for the health Claims, OHS Breaches, Negligence and safety of persons who may be breaches and criminal prosecutions. affected by their acts or omissions at Bullying can also have a negative a workplace. effect on the school and your reputation. Be Proactive • Every school should have a policy on bullying that is regularly made Identify what behaviour is appropriate in the accessible to staff (for example school community. emailed before social events as well as available on intranet). This policy

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should be updated as appropriate and How can Brennan Law Partners Assist be effectively implemented with regular training. If you are unsure about your policy on bullying, • It is your responsibility to or have a concern about a particular staff demonstrate that complaints are member, please feel free to contact us at any dealt with appropriately. time so that we can assist you with developing • Be vigilant. A policy is only of value if an appropriate strategy. it is consistently updated and utilised.

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