|
|
|
|
Where am I now? Lawlink > Anti-Discrimination Board > Publications > The health costs of harassment at work - Equal Time, May 2002
|
Print page
|
The health costs of harassment at work - Equal Time, May 2002
 Introduction
Types of health problems experienced
The size of the problem
The cost of the problem
Prevention
Notes
Introduction
Mrs D, a cleaner, was sexually harassed at work. Her employer was dismissive when she complained to them, but the Equal Opportunity Division of the Administrative Appeals Tribunal upheld her complaint and awarded her $26,800 in damages.
$15,000 of this amount was for non-financial loss. The Tribunal wrote:
"We find that the sexual harassment to which the complainant was subjected has caused her to suffer a great deal of stress and hurt and has adversely affected her psychological well-being and enjoyment of lifewe accept her evidence that she remains distressed some three years after the treatment of which she complains."1
Types of health problems experienced
Bullying is repeated, unreasonable behaviour directed towards an employee or group of employees that creates a risk to health and safety. Examples include shouting, insulting, and setting too much work or too tight deadlines. As such, it can be actionable under occupational health and safety laws.
Harassment is simply a type of bullying, and is defined as behaviour that offends, humiliates or intimidates, and creates a hostile work environment. Sexual harassment is specifically unlawful under the Anti-Discrimination Act, and harassment on the grounds of race, homosexuality, age etc are regarded as unlawful discrimination on those grounds.
The Victorian Workcover Authority has identified a range of illnesses and injuries that can be caused by exposure to bullying and violence in the workplace. These include:
- Psychological injuries, such as anxiety disorders, depression, social phobia and other stress conditions;
- Physical symptoms of psychological conditions, such as skin disorders, hypertension, digestive problems, ulcers, headaches and sleep disturbance;
- Physical injuries such as bruising, cuts, abrasions fractures and sprains;
- Stress and anxiety leading to further harm suffered by witnesses to bullying and violence; and
- Injuries caused by cumulative exposure over a period of time.2
A Scandinavian study revealed that 75% of the victims of long term bullying displayed symptoms of post traumatic stress disorder. For 65% of these, the bullying had ceased 5 years earlier.3
There are no comprehensive Australian figures to indicate the impact of mental, emotional and physical illness resulting from harassment and bullying in the workplace. The cases, however, reveal that bullying and harassment can have a devastating effect on the victim's health and wellbeing which often lasts for years.
For example, a Mr Aldridge4 claimed he was bullied and ultimately moved from his position with the Aboriginal Resources Unit in the NSW Department of Corrective Services, after his lobbying for extra resources for the unit had not endeared him to senior management. He suffered considerable stress as a consequence.
A medical witness told the Tribunal that Mr Aldridge was quite disabled by stress and was anxious about his future because he did not know where he stood with his job. The consultant psychiatrist, who examined Mr Aldridge at the request of the Department, said that he was suffering from stress-related depression as a result of his work. He was awarded $10,000 for injury to feelings, distress, mental anguish and suffering, stress and anxiety and loss of career prospects and development opportunities.
A Ms Zoiti alleged she was subjected to humiliating sexual taunts from male colleagues which led to her eventual resignation. She had been constantly going home upset, was unable to eat or sleep properly, and led a "zombie-like existence". Her eczema also returned and she gained nearly two stone in weight.5
A particularly devastating impact was suffered by a Ms Arnold, who has not been able to work since 1991. She claimed that she was subjected to foul, abusive, aggressive, belittling and sarcastic language. She alleged her manager repeatedly threatened to dismiss her, made false allegations against her and played workers off against each other. She said he refused compassionate leave when her father-in-law was dying, and at one stage asked her to find someone to kill another person. She also claimed to have witnessed aggressive and humiliating behaviour directed at colleagues.
Ms Arnold left her employment with a serious psychiatric injury, and it is unlikely that she will ever work again. The Queensland Supreme Court found that her employer had failed to provide her with a safe system of work and she was awarded a total of $572,512.87 in damages.6
The experience of making a complaint and pursuing it through the courts or tribunals can in itself exacerbate the health consequences of bullying and harassment. In one case before the Human Rights and Equal Opportunity Commission, the Commissioner awarded the complainant $20,000 and referred to the extreme distress and humiliation she suffered as a result of having to recount her experiences of harassment.7
The size of the problem
In a 2000 ACTU survey, 54% of respondents reported that intimidating behaviour occurs in the workplace, and a third reported abusive language.8
There is ample evidence that bullying and harassment are commonplace in workplaces throughout NSW and elsewhere. A number of Australian and overseas studies have revealed that alarming numbers of workers have experienced or witnessed bullying, and the experience of ADB workplace relations consultants and complaint handlers supports these findings.
In 2000/2001 the ADB received 447 complaints about hostile work environments and/or harassment, of which 213 concerned sexual harassment.9 Given the difficulties confronted by victims who choose to complain (fear of victimisation, embarrassment, low self esteem, lack of confidence in their own judgement, fear that they will be blamed and so on) it is reasonable to assume that these are only the tip of the iceberg.
Workcover statistics for occupational diseases are also revealing. Mental disorders, including psychological stress, comprised 17.2% of all occupational diseases in 1999/00.10
The cost of the problem
While damages may provide some recompense, the long term cost to individuals and organisations of physical and mental health problems is immeasurable. A clue to the personal impact of bullying and harassment may be found in the compensation awarded in cases such as those described above. Figures for absenteeism, sick leave, workers compensation claims and constructive dismissal also point to the cost to individuals, as well as employers.
NSW workers compensation statistics (which include mental disorders suffered as a result of workplace stress in general and not harassment and bullying in particular) indicate a total cost to industry of $33 million per annum, with an average cost of $20,617 and an average of 19 weeks lost for each case.11
It has been estimated that the cost of bullying to the Australian economy, at a conservative 3.5% prevalence rate, is between $6 billion and $13 billion per annum. These costs take into account the cost of absenteeism, staff turnover, legal and worker's compensation costs, decreased productivity and management time lost in addressing cases of bullying.12 These figures translate into an overwhelming cost to individual victims in terms of their health and wellbeing.
Prevention
Employers have a responsibility to prevent harassment and discrimination and to provide a safe and healthy workplace. It is generally accepted by courts and tribunals that fulfilment of this responsibility will involve the implementation of sound policies and effective complaints procedures. Furthermore, all staff should receive training to ensure that they are aware of their rights and responsibilities and can take appropriate action if problems occur.
Effective implementation of policies and procedures demands the cooperation of managers and
staff. Senior management support is essential and all managers and supervisors must provide good role models.
Symptoms of stress, including absenteeism, high staff turnover and workers compensation claims, should alert managers and supervisors to potential problems with bullying and harassment, and should result in careful monitoring and an appropriate and speedy response. Staff should be encouraged to raise issues with their supervisors, managers, HR personnel or EEO contact officers, and an accessible, fair and effective grievance procedure should be available to resolve difficulties as close to the source as possible.
Staff also have an important role to play in preventing harassment and bullying and in minimising the harm suffered by victims. They can provide moral and practical support to victims and, by their manner and behaviour, demonstrate their disapproval. They should never give tacit approval to bullying or harassment by joining in or ignoring it. They should understand that their health and safety and that of others is at stake.
Notes
1. D v Berkeley Challenge, [2001] NSW ADT.
2. Draft Code of Practice for the Prevention of Bullying and Violence in the
Workplace.
3. Einersen S., (2000a) "Harassment and Bullying at Work: A Review of the
Scandinavian Approach", Aggression and Violent Behaviour, 5(4): 379-401.
4. 2 , Aldridge v The Department of Corrective Services [1999] NSWADT 3.
5. 3 Tina Zoiti v The Cheesecake Factory Pty Ltd (1993) No. H92/39 Human Rights and Equal Opportunity Commission.
6. Arnold v Midwest Radio Ltd No 80 of 1994, 7 April 1988.
7. Yvonne Watkins v Hugh Fryer and Altona Workers Sports Club Inc. (1994)
H/94/004 Human Rights and Equal Opportunity Commission.
8. ACTU (2000) The Workplace is no Place for Bullying, www.actu.asn.au.
9. 2000/2001 Annual Report, Anti-Discrimination Board of New South Wales.
10. Workcover NSW, Workers Compensation statistics, NSW 1999/00.
11. Ibid.
12. Workplace Bullying Issues Paper, Queensland Workplace Bullying Taskforce,
September, 2001.
|
|
|
