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Simple workplace guidance based on recent legal cases and regulator advice. Recent case and the penalties:
* A sole director was fined $15,000 for bullying
* An additional $3,000 court costs
* And an adverse publicity order requiring him to publicise the offence, its consequences and the penalty imposed in two industry publications.
What happened
The man pleaded guilty to a single charge of failing to ensure a workplace under his management and control was safe and without risks to health. The above penalties were imposed.
What was required
Safework Victoria noted the below as what employers should have in place to reduce the risk as much as is reasonably practicable.
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Key components to a prevention plan
1. Behavioural standards
Unacceptable behaviour includes:
* Verbal abuse, intimidation, or threats
* Sexual or gender-based harassment
* Humiliating others, exclusion, or degrading jokes
Staff are expected to treat each other with respect. Disputes must be handled professionally.
2. Risk controls
To minimise the risk of bullying and harassment, we:
* Provide induction training on expected behaviour
* Train supervisors to identify and respond early
* Structure work to reduce isolation and exposure to hostile behaviour
* Have accessible reporting pathways for staff to lodge an incident
3. Reporting options
Staff must be able to report concerns safely. Options include:
* Speaking to a supervisor or designated contact
* Using anonymous reporting systems and surveys (where available)
* Raising concerns in regular check-ins or toolbox talks
In the case above, the perpetrator was the sole director.This highlights the importance of having multiple reporting pathways. Staff must never be left in a situation where the only person they can report to is the one causing the harm. Clear alternatives help ensure concerns can be raised without fear or obstruction.
4. Response process
When an incident is reported:
* We respond quickly and take all reports seriously
* Investigations are conducted confidentially and fairly
* Consequences may include warnings, training, mediation, or termination
5. Plan review
This plan is reviewed every 6 to 12 months, or after any reported incident. We update processes based on staff input and any emerging risks.
Would you like a detailed prevention plan template?
Fill out the form HERE to get a more detailed prevention plan template.
