Workplace Violence
This page has information about workplace violence and advice about what you can do if you are or have experienced this kind of violence:
What is workplace violence?
Workplace violence is when someone is violent towards you whilst you are at work. The person being violent towards you could be your manager or supervisor, a co-worker, a previous employee, a customer or your partner.
The violence may be perpetrated by one person acting alone or it may perpetrated by more than one person, for example when a group of co-workers band together to hide your tools or inflict an initiation ceremony on you.
Workplace violence may take a number of forms including:
- Verbal abuse, for example repeatedly yelling or swearing at you, making demeaning comments or putting you down, ridiculing you or making fun of you
- Deliberately placing your safety in danger, for example by not helping you or not giving you safety gear
- Threats
- Harassment or bullying, including unreasonable threats of dismissal, prank phone calls or ordering goods for you that you don't want. Harassment can also include using pictures or images, aggressive attitudes or creating a hostile or threatening 'atmosphere’
- Stealing your tools, equipment or property, damaging your tools, equipment or property or placing them in a dangerous or unhygienic place
- Physical abuse or assault, which may include standing over, pushing, kicking, hitting, tripping and punching. Any touching of a person without their consent is an assault, whether it was a ‘joke’ or not and whether or not it hurt
- Sexual assault
- Sexual harassment
- Initiation ceremonies which cause physical injury or embarrassment
What effect does workplace violence have?
If you are experiencing it, workplace violence can cost you emotionally, physically and/or financially.
Workplace violence can make you feel insulted, offended, intimidated and/or scared. It can result in you sustaining emotional or physical injuries. It can affect your ability to do your work effectively and can also make your work environment unsafe.
Workplace violence also costs your employer. It can contribute to higher absenteeism, lower productivity, higher rates of staff turnover, increased workers compensation insurance premiums and medical expenses. There can also be financial consequences if workplace violence complaints are taken to court, as well as costs to the public reputation of a company that allows it to occur.
Workplace violence is not OK. It is not your fault and it is not ‘just something you have to go through’. There are things that you can do and you can get help. What can I do if I am experiencing workplace violence?
In an emergency, call the police
If you have experienced, or are experiencing, physical assault, threats to hurt or kill you, stalking, sexual assault, indecent assault or damage to your property, you can call the police. These forms of violence are against the law and the perpetrator may be charged with a criminal offence.
It is important to call the police as soon as you can if you are experiencing these forms of violence in your workplace.
Talk to someone about what is happening
For example, you could talk to your family or friends, a co-worker or manager you trust, the health and safety representative at your workplace, your workplace union representative or someone from WorkCover NSW.
Keep notes about what is happening
Record the date, time and exactly what happened. Write down the names and contact details of any people who witnessed incidents.
Talk to your boss or supervisor
Tell your boss or supervisor and keep notes about what they said when you told them. If your boss or supervisor is the person perpetrating the violence, talk to someone else in your workplace in a position of authority. Ask for incidents to be recorded and ask for a copy of the incident report.
Make a formal complaint to your employer
If your workplace has a grievance (complaints) procedure, consider using it to make a formal complaint. Ask your manager (or someone else if your manager is the problem) what you need to do, how the complaint will be processed and what kind of response you can expect.
For example, once your complaint is lodged in writing, it may be assessed by an Occupational Health and Safety (or other) Committee which will then notify you of its assessment and the next steps it is taking to resolve your complaint.
Get legal advice
No matter what form of violence you are experiencing, getting legal advice can be very useful. It can help you to work out whether the violence you are experiencing is against the law and which laws might apply. For example, physical or sexual assault is covered by criminal laws, while discrimination because of your race or sexuality is covered by anti-discrimination laws.
Workplace violence is a work safety issue. All employers have a responsibility to protect the safety of their workers and prevent abuse from occurring. If they fail to do this, they can be held accountable through the legal system. For example, laws that may be relevant here include the occupational health and safety laws, workers compensation laws, (employment) contract laws, personal injury liability laws and unfair dismissal laws.
You can get legal advice from your union or a lawyer (who works privately or for a Community Legal Centre). Or you can talk to WorkCover NSW. For information about discrimination laws, contact the Anti-Discrimination Board.
If you are injured, go to a doctor
Ask the doctor to record when the incident took place and the nature and extent of your injuries. Get a medical certificate. Have photographs taken of your injuries.
Apply for workers compensation
If you have physical or psychological injuries, you may be able to apply for workers compensation. To find out more, talk to your boss or supervisor, the occupational health and safety officer at your work, your union or someone from WorkCover NSW.
For contact details of the services mentioned in this section, go to the contacts for help page of this website.The information in this section is summarised from information on the NSW Workcover website and the National Children’s and Youth Law Centre — Lawstuff website and the NSW Teachers Federation website.
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