Office of the Employee Ombudsman

Under the Occupational Health, Safety and Welfare Act 1986, the employer is legally required to take all reasonable care to protect the health and safety of employees. Please refer to the following sections of the said Act:

Part 3 - General provisions relating to occupational health, safety and welfare
19 - Duties of employers
21 - Duties of workers

Part 8 - Miscellaneous
55A - Inappropriate behaviour towards an employee

Bullies can be anyone. They range from a co-worker, Supervisor, Human Resources Officer to the Manager or Director. The following examples have been derived from questions raised at this office. The Employee Ombudsman provides an advisory service to all employees employed under the South Australian Fair Work Act 1994 awards and enterprise agreements.

Case Study 1

The Employee Ombudsman (EO) was contacted by an employee on behalf of a group of employees regarding the behaviour of the new Director, which the group regarded as bullying. The EO was requested to visit the workplace and stop the bullying from happening.

Answer: The role of the Employee Ombudsman’s office to date has been to provide advice regarding the avenues available to address bullying in the workplace. Therefore, in the first instance, the employees are required to follow the organisations procedures. These may be Grievance Procedures or internal policies that the organisation has written specifically to deal with bullying in the workplace.

If you have pursued the allegations via your organisation’s procedures, you may wish to follow-up your bullying complaint with SafeWork SA, telephone 1300 365 255. SafeWork SA governs the Occupational Health, Safety and Welfare Act 1986. You will need to contact them and speak to an Inspector for further information.

Case Study 2

The Employee Ombudsman was contacted by an employee, on behalf of employees in consultation with the employer. The employee requested that the EO, or a representative, give a talk to employees about what is and what is not bullying in the workplace.

Answer: Under the Occupational Health, Safety and Welfare Act 1986 the Employee Ombudsman, or representative from the office, can provide that service as part of advising employees on their rights and obligations in relation to bullying in the workplace.

Case Study 3

The Employee Ombudsman receives a request from either an employee or an employer to represent them during the organisation’s investigation process.

Answer: To date the office does not have a role in representing an employee during the organisation’s investigation process.

However, the right for the Employee Ombudsman, or a representative from the office, to represent the employee in bullying matters referred to the South Australian Industrial Relations Court and Commission for conciliation will be available upon completion of the regulations to the Occupational Health, Safety and Welfare Act 1986.

Case Study 4

The Employee Ombudsman is contacted by an employee as they are being bullied by another employee. They request that the EO formally investigate the alleged bullying in the workplace.

Answer: To formally investigate allegations of bullying in the workplace (private or public sector) you will need to contact SafeWork SA, telephone 1300 365 255 or visit their website www.safework.sa.gov.au

Case Study 5

An employee who is being bullied by another employee contacts the Employee Ombudsman. They are confused about where to go for help. Should they go to SafeWork SA or the EO first?

Answer: In the first instance, you need to provide the organisation with an opportunity to address the matters. You can speak to your Supervisor, Health and Safety Representative or HR Consultant.

If this is not possible, please contact SafeWork SA, telephone 1300 365 255 or visit their website www.safework.sa.gov.au for further advice.

Case Study 6

The Employee Ombudsman is contacted by an employee, who feels they are being bullied by another employee. “Recently I had a performance appraisal with my employer. I believe that the employer was being unreasonable when they informed me that my work was not up to standard, they had received complaints about my client service and that they were giving me a warning. The employer is bullying me can you help.”

Answer: Many organisations have in place performance appraisals. Whilst you may disagree with the appraisal, the employer has an obligation to take on board complaints and look after their business. As an employee you have the right to request the complaints in writing so you may respond. The correspondence should be placed in your client file. In relation to your ‘…work was not up to standard…’. I would recommend that you discuss with your employer ways to improve your work performance. This may invlove going to specific training or having a closer relationship with a co-worker. Work performance is an issue for both the employer and employee and needs to be dealt with as a matter of importance, however, unless these comments are particularly unreasonable performance management is not bullying.

For further advice please contact the office.

Case Study 7

The Employee Ombudsman is contacted by an employee who feels they are being bullied by their employer. “I believe my employer is bullying me so I will resign as the employer is currently restructuring the organisation. I have been with the company for over 20 years.“

Answer: The Employee Ombudsman, or representative from the office, would require further information. Therefore the recommendation to speak to an Industrial consultant from the office is recommended.

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