Workplace Harassment

A person is subjected to workplace harassment if the person is subjected to repeated

behaviour, other than behaviour amounting to sexual harassment, by a person, including the
person's employer or a co-worker or a group of co-workers of the person that is unwelcome
and unsolicited, or that the person considers to be offensive, intimidating, humiliating or
threatening; and a reasonable person would consider to be offensive, intimidating,
humiliating or threatening.
However, it is important to note that 'workplace harassment' does not include reasonable
management action taken in a reasonable way by the person's employer in connection with
the person's employment. It is also important to note that the behaviour must be repeated to
constitute workplace harassment. A one-off incident is therefore unlikely to constitute
workplace harassment.
Harassment of Trainees
Some Doctors believe that it is alright to use bullying and harassment as a training tool. There
is a culture (stronger in some specialities than others) that condones the use of bullying and
threats up to and including physical abuse as a way of "screening out undesirables" from the
profession or "toughening trainees up". Bullying is all about the abuse of power, and
generally bullies pick on the powerless in order to gratify ingrained prejudices.
These behaviours in supervisors or trainers may include manipulation of rosters so that the
trainee works fatigued, withholding planned leave, introduction of unrealistic or unachievable
workloads, deliberately delaying or withholding of information or resources, persistent nitpicking and unjustied criticism (especially on group ward rounds) constantly being singled
out or targeted for practical jokes or gossip deliberately being ostracised, isolated or ignored.
If this behaviour escalates to unit bullying where the perpetrator is being supported by his
colleagues on his unit in his/her behaviour it may include failure of term assessment or
allegations of physical or psychological faults in the trainees. The trainee may even be asked
to undergo physical or psychological examination to exclude these problems. This adds to the
trainees feelings of isolation, negativity and self doubt and may even initiate problems were
none existed before.
Most colleges have anti-bullying codes of conduct and courses designed to educate trainers.
These behaviours in supervisors are unacceptable, and should always be reported.
Resolving complaints in the workplace
When a complaint of workplace harassment is raised how it is responded to can influence
how and when the issue is resolved. Generally, complaints can be resolved either informally,
or formally.
Before deciding on how to resolve the complaint the person raising the complaint
should clearly define their concerns and desired outcome of the complaint.
- assess the advantages and disadvantages of the informal versus formal process
- consider the complexity of the situation (a formal option may need careful consideration if
the situation is very complex)
- be aware of support mechanisms available, for example counselling
- acknowledge the consequences of making malicious, frivolous or vexatious complaints
(complaints that are deliberately harmful, spiteful, trivial or unworthy of serious attention
or resources)

It is recommended that the opinion of an independent third party (for example, union
Industrial officer) be obtained to help validate experiences and make a well informed decision
regarding the most appropriate resolution option. If a workplace harassment prevention
officer exists at your hospital they should provide details of an appropriate person to raise
workplace harassment complaints with who can help.
More on workplace harassment prevention policies
Employers Obligations regarding Workplace harassment
For employers and employee's to understand the workplace health and safety requirements
for workplace harassment, and their obligations under the law they must consider and
understand relevant legislation and codes of practice.