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Bullying at Work – a Safety Matter or an Employment Issue?

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EMPLOYMENT LAW ESSAY – LAW 363
Question: - “Bullying at work – a safety matter or an employment issue?”
I. Introduction
In the past, bullying has been reduced to an issue that occurs in the school yard amongst children. It had little scope in terms of being appreciated as a form of harm inflicted outside of these realms. However, the presence of this harmful treatment in the workplace cannot, and lately has not, been denied. This essay will discuss the variety of changes which have been seen over the last year in relation to workplace bullying legislation, as well as the changes which are still to come. This essay will draw upon the information provided in the original report made by the House of Representatives Standing Committee on Education and Employment (“the Committee”) in October 2012 titled Workplace Bullying – We just want it to stop, (“the Report”), which gave way for the changes that will occur from 1 January 2014 as a consequence of the recent passing of the Fair Work Amendment Bill 2013 (“the Bill”). In reflecting upon these resources, this essay will show how bullying at work should be seen to be both a safety matter and an employment issue, and further this point by demonstrating that distinguishing it as one or the other is not necessary, nor is it desirable.

II. The Confusion Around Bullying
a. Prevalence
One of the hardest tasks in the past when it came to legislative regulation of bullying was the inability to accurately measure the prevalence. Estimating the prevalence of bullying in Australia was problematic as there are no large-scale Australia-wide studies in place. It is worth noting however, that this was the foundation of one of the recommendations made by the Committee in the Report whereby they suggested that there should be a national evidence base from which such indicators could be drawn.
Also, bullying is very much an

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