Bullying is a vicious cycle that happened to some of us when we are kids and in school. The sad reality is that being bullied can also happen when we are an adult an in the workplace.
Have you experienced workplace bullying?
If you have, then you would know that workplace bullying affects not only the mental health of the victim but the victim’s family members too. Now, is there a way out from this nightmare? Can the victim take legal action against the bullies?
First, let’s find out the meaning of workplace bullying.
What is workplace bullying?
Workplace bullying is defined by the Workplace Bullying Institute as “the repeated, health-harming mistreatment of one or more persons by one or more perpetrators.”
Workplace bullying have actually been formulated by many, such as researches, legal practitioners and also by laymen. Nevertheless, four key elements have been identified which are common to most definitions of workplace bullying.
Firstly, targets of workplace bullying experience negative behaviour in the workplace. Such behaviour can range from verbal to physical actions, differ in level of blatancy, and may or may not be intentional. Generally, negative behaviour encompasses aggression, intimidation, humiliation, unwelcome or unsolicited actions, and any actions which violate implicit standards of acceptable workplace conduct.
Secondly, workplace bullying is distinct from one-off clashes and ordinary workplace conflicts in that it is experienced persistently over time. Thirdly, targets of workplace bullying must experience some form of harm, either psychological or physical.
Finally, targets also typically perceive themselves as being powerless to stop or prevent the abuse they are subjected to.
What are the effects of bullying on the victim?
The effects of workplace bullying upon victims can be physical as well as psychological.
Physical effects of workplace bullying include elevated blood pressure; risk of coronary heart disease; muscular-skeletal disorders and insomnia.
Meanwhile, victims may also develop increased stress and anxiety, depression, loss of confidence, apathy and social phobia. In addition, victims may also experience social isolation in the workplace and financial difficulties due to absence from work.
Compounded, these effects can lead victims to turn to substance abuse or even suicide.
Can the victim take legal action against the bullies?
Workplace bullying mostly take the form of verbal abuse that involves hostile and unethical communication.
Verbal abuse alone is not punishable by law unless these verbal abuses escalate to something that is more extreme such as threatening someone with injury, also known as criminal intimidation. Section 506 of the Penal Code describes criminal intimidation as threatening to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment, or to impute unchastity to a woman.
What can the victim do?
If possible, victims should first attempt to seek redress through internal company complaint, investigation and dispute resolution mechanisms. Before that, it is advisable that you do the following:
Know your rights
Every employer has a responsibility to provide a safe work environment. As such, victims are advised to know and be aware of the company’s policy in relation to workplace bullying and the procedure for reporting bullying.
Write down what you have experienced
Victims of workplace bullying should document all incidents of bullying they experience. Apart from dates and times, victims should also record the witnesses present during an incident, the nature of the interaction and its outcome. It is also recommended that victims keep any correspondence received from a bully.
Tell someone you can trust
Victims of workplace bullying should make their experiences known to trusted individuals who can aid them in addressing it, for example a trust worthy colleagues or higher authorities if the victims are being bullied by their own bosses or superiors. Ideally, victims should report their experiences to the person in their company or organization designated to deal with issues of workplace bullying. In the absence of such a figure, victims should consider relating their experiences to a supervisor or manager, their union, a Human Resource (“HR”) representative, or their physician.
However, should the above methods prove futile, victims should proceed to report it to the Industrial Relations Department where the victims will usually be given the choice to terminate their employment contract.
If the victims feel that they life are endangered or threatened, they can pursue a more drastic action by seeking compensation through constructive dismissal: where an employer commits a serious breach of contract, an employee is entitled to resign in response.
The employer can be said to have breach the employment contract for failure to ensure safety within the workplace. Section 15(1) of the Occupational Safety & Health Act 1994 states that “It shall be the duty of every employer and every self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees”.
The employee can subsequently make a settlement claim as their resignation was not truly voluntary and hence, amounted to a termination.
What should HR do?
HR representatives liaise between employees; hence, workplace bullying should be regarded as under their purview.
The first step that HR representatives can take to combat workplace bullying is to create policies addressing workplace bullying for their company or organization. A vital aspect of creating such policies is forming an organisational definition for workplace bullying which clarifies appropriate workplace behaviour for employees.
Definitions for workplace bullying should account for employees’ personal definitions of workplace bullying as any disparity with such personal definitions may discourage employees from reporting incidences of bullying.
The policies created by HR representatives must also supply a publicly known and accessible procedure which is adhered to when bullying is reported. HR representatives should also be prepared to moderate and investigate disputes arising from workplace bullying. They should be trained to function as a neutral party in such situations. Moderation of disputes may be carried out through either written or spoken discussion. HR representatives should compile written documentation of a victim’s experiences before proceeding to investigate their complaint and collect evidence of bullying.
If necessary, HR representatives should be able to direct victims on the appropriate form of legal action they can instigate against workplace bullies.
Conclusion
Workplace bullying are increasing and contravenes the rights of employees and is against the law. It is crucial for companies and organizations to establish internal policies providing avenues for redress in instances of workplace bullying.
This is necessary not only for holding workplace bullies accountable, but also for ensuring that the work practices and work environments implemented by companies are in keeping with the law.
- Say No to Workplace Bullying - October 19, 2020
- The Law on Land Acquisition in Malaysia - October 14, 2020
- What Foreigners Should Know Before Buying A Property In Malaysia - October 7, 2020