Saturday, July 21, 2012

Workplace bullying

At the moment, there is a case going through the Victorian courts in regards to workplace bullying, wherein the family of one teenager who was seriously bullied is pushing for a change in the laws that would make bullying a crime. This is all well and good, but now an employers' group is questioning the necessity of changing the legislation on the basis of one case (which you can read about here). The triggering case to begin with was the suicide of a 19 year old waitress, Brodie Panlock, who was seriously bullied by her coworkers. The business in question was later fined around AUD$300 000 for this. The proposed changes to the Crimes Act would mean that workplace bullies could face up to ten years in prison.

As much as Brodie Panlock's story is horrendously sad, I'm actually inclined to side with those opposed to changing the legislation. Let's face it, bullying is already a delicate and difficult issue for employers to deal with, and by introducing stricter laws, it veers towards impossible for employers and business owners to deal with this kind of situation without involving the law.

I am also of the opinion that quite often, it is within the power of the victim to remove themselves. There are places both within their own workplaces and at a higher level where the bullying activities can be reported; if they don't feel comfortable with that, then as adults they have the ability to remove themselves from their job. Australia's job market is not currently in the position where, if choosing to leave one job, they will find it impossible to become re-employed. I am not saying this condone the actions of the bullies or to put their actions on the shoulders of the victims. But jobs are not necessarily permanent, and really - at what cost stay?

I will just reiterate: I do not want to trivialise Brodie Panlock's story. It is incredibly sad that a young woman got to the point where she did not think that she had any other options, and my heart goes out to her family. It's just that I can't help but feel that perhaps her death could also be attributed to an underlying mental illness, that was triggered by the bullying. Maybe, in cases such as this, more time could be spent into removing the taboo around mental illnesses such as depression that can lead people to make decisions to end their lives, rather than changing laws and removing any control the business owner or manager may have had.

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