Workplace bullying is the repeated unreasonable behavior and abuse of power repeatedly directed at one or more worker that can result in humiliation, distress and intimidation. It can be directed from employee to employee, managers to workers and vice-versa in many forms including verbal abuse, cyber-bullying, sexual harassment, spreading rumours and public humiliation.
Workplace discrimination differs from workplace bullying in that a person is affected when an employer takes actions against a worker or potential worker due to their protected attribute which can include race, sex, gender, age, religion etc.
Discrimination can be direct or indirect, with direct discrimination involves a person being unfairly treated because of their attribute (i.e. not letting an older employee apply for a promotion) whilst indirect discrimination is where there is a requirement or rule that seems neutral, but affects a particular group of people with a personal attribute.
Employers must ensure to respond to workplace bullying in a legal and fair manner to ensure no repercussions comes out of the situation as well as ensuring a safe workplace. Tips for what an employer should do would be to:
Depending on your situation, seeking legal advice may be appropriate, especially from a lawyer with workers’ compensation experience.
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