Abstract

Any form of workplace abuse, be it bullying, sexual or non-sexual harassment, or other forms of workplace violence, represents a significant problem for both workers and organisations. The reality that worker complaints of such abuse are often silenced, frequently for long periods of time, has recently been spotlighted by the #MeToo movement. In this article we focus particularly on workplace bullying (some definitions include harassment). We explore how potential, and actual, complaints of such abuse may silenced—both before complaints are ever made, and also at different points along the complaint or dispute resolution process. We investigate how definitional and naming issues, worker ignorance and incapacity, workplace investigations, (alternative) dispute resolution and the legal pathways available to targets of workplace bullying and harassment may act to silence complaints. We also provide some practical suggestions for the targets of workplace abuse.

Highlights

  • If there is any doubt about the existence, endemic nature of, and silencing of workplace violence, perhaps one of the best contemporary illustrations of its omnipotence is that evidenced by #MeToo

  • We suggest there is a silencing associated with the failure to conceive of conduct as being an act of bullying in the first place, and with a target’s capacity to deal with it

  • They may find themselves terminated from their employment17 as illustrated in a 2014 survey conducted by the (US) Workplace Bullying Institute, which found that 19 per cent of targets were forced out, fired (13 per cent), transferred (13 per cent), or resigned their

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Summary

Introduction

If there is any doubt about the existence, endemic nature of, and silencing of workplace violence, perhaps one of the best contemporary illustrations of its omnipotence is that evidenced by #MeToo. While targets (and others) may have early opportunities to voice concerns about unacceptable and inappropriate behaviours directed towards themselves or others at work, they often choose to remain silent, in respect bullying and harassment and other forms of workplace violence.. While targets (and others) may have early opportunities to voice concerns about unacceptable and inappropriate behaviours directed towards themselves or others at work, they often choose to remain silent, in respect bullying and harassment and other forms of workplace violence.3 They remain silent in the face of horrendous conduct. To become a formal grievance that can be addressed by an organisation’s official grievance policy or procedure, a dispute must essentially be made ‘public’.9 Making such an issue or concern public, offends their sense of privacy and dignity, fearing it may signal to the world that they cannot properly manage their working (public) life. We highlight possible ways to foster voice in organisations and offer some practical tips for targets of workplace bullying and harassment

Stage 1—Something Happens
The Silence of Ignorance and Incapacity
Stage 2—Breaking the Silence in the Workplace
Workplace Investigations
Silence Due to Insurers
Stage 3—Silence of Legal Pathways
Ways of Allowing More Voice
Changing Workplace Practices
Changing Workplace Policies
Improving Workplace Investigations
Improving the Anti-Bullying Regime
Improving ADR
Legislative Protection from Retaliation
Practical Tips for Targets
Findings
Conclusions
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