Bullied by bullying claims

Several years ago, I worked for a workplace health and safety authority. A young lady called up to make a bullying complaint. “My co-worker is being mean to me,” she explained, “ever since I called her a ‘stupid [unprintable word]’.”
This incident may be indicative of a larger trend in bullying claims across the country. Claims are on the rise in every jurisdiction. But are people being bullied more often? Or is the word bullying being misused?
No one benefits from downplaying the seriousness of bullying. Being harassed at your place of employment is a devastating experience that can cause long-term physical and mental health issues.
However, not all bullying claims are valid. Several observers have spoken out about the influx of bullying claims that are based on mutual dislike, dissatisfaction or pure spite.
Statistics are hard to come by but those that exist support this trend.
In August 2012, a survey by the Australian Public Service Commission showed 17.4 per cent of public servants reported being bullied. However, just 0.13 per cent of employees faced investigations.
In 2011, WorkSafe Victoria announced that over 6,000 bullying complaints were made that year. Yet only 600 were deemed serious enough to forward to the bullying unit, where only 60 were actually investigated.
WorkSafe Victoria's executive director of health and safety Ian Forsyth expressed his belief that an increased awareness of bullying was causing a rise in baseless claims.
''At times people might feel that their working life is unpleasant and that they are being inappropriately treated,'' Forsyth said. ''However, feeling upset or undervalued at work does not mean an individual is being bullied at work.”
Organisational psychologist Peter Cotton, who works in an advisory role at Comcare and WorkSafe Victoria, said a review of the rise in claims shows “a lot of frivolous reporting.”
''Bullying started to become a bit of a catchall to categorise any sort of discontent,” he is quoted saying in the Sydney Morning Herald.
Cotton believes that awareness training programs may be contributing to this issue. Training helps people recognise bullying behaviour but may also prompt them to cry wolf.
Some experts warn that normal business practices may be constrained by a fear of bullying claims.
In one report in the Canberra Times, an employee claimed counselling sessions to improve her performance constituted bullying.
Alice DeBoos, a partner at a law firm dealing with employment law, believes managers may face a serious restriction in their ability to discuss performance issues.
“It strikes me that at the same time as behaviour in the workplace is becoming more professional, or if you like ‘appropriate’, people’s ability to cope with conflict, difference or criticism has dramatically diminished,” she told the Australian Financial Review.
In particular, she sees the expanded powers of the Fair Work Commission as a threat to businesses.
The draft Code of Practice on bullying recently released by SafeWork Australia specifically states that reasonable management action does is not deemed bullying. However, the term “reasonable” is open to interpretation.
For example, the manager of a pizza place sets a roster for his employees. If he consistently rosters the same waitress on Saturday nights, despite her complaining that it ruins her weekend, could this constitute bullying?
The doubt introduced by “reasonable” may be enough to spark an investigation. Even if the accused bully is cleared of wrongdoing, an investigation can take a heavy toll on a person’s wellbeing.
While most frivolous claims hinge on misunderstandings, a small minority are malicious.
The Weekend Australian Magazine reported on one such situation in 2011, where an employee brought a case against the Commonwealth for discrimination. The Federal Magistrate held that the employee had used the complaints system as “an instrument of intimidation.”
Australian Human Resources Institute chairman Peter Wilson warned in an interview with the Australian Financial Review that employers are experiencing a rise in “reverse bullying”. Staff unhappy with management action may purposefully be targeting managers with false claims.
False accusations may themselves be a form of bullying. Much like a bullying victim, an accused bully is likely to experience elevated stress levels, linked to heart disease, musculoskeletal complaints and mental health issues. Their career might suffer, as others continue to associate them with the accusation.
The business as a whole may also be affected. A manager familiar with horror stories about false claims is more likely to dismiss a bullying complaint.
As such, the greatest victims of frivolous claims may be those who have suffered at the hands of bullies. Frivolous claims make it more likely that those who need help will not be taken seriously.