I understand how upsetting and uncomfortable it can be when a manager yells at you, especially in front of your colleagues. No one deserves to be treated that way at work, and it's completely understandable that you're questioning whether this is acceptable behavior. Let's find out what the Fair Work Act says about workplace bullying and creating a safe work environment.

I understand you're dealing with a difficult situation where your manager yelled at you in front of others. This kind of behavior can be very distressing and embarrassing, especially when it happens publicly.

Your Rights and Protections

Everyone has the right to a workplace free from bullying. However, whether your manager's behavior constitutes workplace bullying depends on several specific factors that the law requires to be met.

What Constitutes Workplace Bullying

Bullying at work occurs when: a person or a group of people behaves unreasonably towards a worker or a group of workers at work AND this happens more than once AND this creates a risk to health and safety.

It includes behaviours such as: being aggressive or intimidating and using abusive or offensive language.

The Key Test - Repetition Required

This is crucial to understand: if someone makes a comment but they only do it once and do not repeat it, this is not bullying. The law requires that the unreasonable behavior happens more than once to meet the definition of workplace bullying.

Reasonable Management Action Exception

Even if the yelling happened multiple times, there's an important exception to consider. Managers need to be able to give feedback. It is not bullying if: the management action is reasonable AND the way the manager takes action is reasonable.

However, yelling at an employee in front of others would rarely be considered a reasonable way to take management action, even if the underlying feedback or correction was justified.

Your Employer's Obligations

Under work, health and safety laws, employers must provide a safe place of work. As an employer, you have a duty to provide a safe place of work under Work Health and Safety (WHS) laws.

Next Steps

If this was a one-off incident, I'd encourage you to address it directly with your manager or through your company's internal processes first. You could speak with HR or use any grievance procedures your workplace has.

However, if this yelling becomes a pattern of behavior, or if it was particularly severe and created a risk to your health and safety, you may have grounds for a workplace bullying claim.

Your Legal Position

Based on your situation, a single incident of your manager yelling at you, while unprofessional and potentially humiliating, would not meet the legal definition of workplace bullying because it lacks the required element of repetition. However, this behavior may still violate your employer's workplace health and safety obligations to provide a safe work environment.

If this behavior continues or escalates, it could potentially constitute workplace bullying, particularly given that yelling and aggressive behavior in front of others can be considered unreasonable management conduct that creates risks to your health and safety.

Practical Steps Moving Forward

Here's what I would recommend you do:

1. Document the Incident: Immediately write down everything you remember about the incident - what was said, how your manager said it, who was present, and how you felt. This record will be crucial if you decide to take further action.

2. Check Company Policy: Review your company's code of conduct, and any policies on bullying, harassment, or conflict resolution. Understand the steps outlined for reporting and addressing such incidents.

3. Consider Speaking to Your Manager: If you feel comfortable and safe doing so, consider having a private conversation with your manager. Explain how their behavior made you feel and the impact it had on you. Remember, you are advocating for a more respectful workplace, not apologizing for their actions.

   • Strategy: Prepare what you want to say beforehand, focusing on the impact of their actions rather than accusatory language. For example, "When you raised your voice at me in front of colleagues, I felt humiliated and undermined."

4. Report the Incident (If Necessary): If the behavior continues, or if you don't feel safe addressing it directly with your manager, report the incident to HR or another appropriate channel within your company, as outlined in their policies.

5. Seek Support: Talk to a trusted colleague, friend, or family member about what happened. Having emotional support can make a big difference in how you cope with the situation.

6. Build Your Case (Ongoing): Keep a detailed log of any further incidents, including dates, times, witnesses, and descriptions of what occurred. This log will be essential if you need to take further action, such as filing a formal complaint.

7. Know Your Rights: Familiarize yourself with your rights under Australian employment law, particularly regarding workplace bullying and harassment. The Fair Work Ombudsman and Fair Work Commission websites are excellent resources.

8. Consider Professional Development: Look into courses or workshops on conflict resolution, communication skills, and assertiveness. These skills can help you navigate workplace conflicts more effectively and advocate for yourself.

9. Update Resume: Update your resume with all of your achievements. You never know when you may need it!

Important Considerations

• Workplace Politics: Be aware of the potential for workplace politics to come into play. Depending on your company's culture and your manager's position, there may be consequences for speaking out. However, remember that you have a right to a safe and respectful workplace.
• Building Relationships: Focus on building strong, positive relationships with your colleagues and other managers. Having allies in the workplace can provide support and help you navigate challenging situations.
• Long-Term Strategy: Consider your long-term career goals and how this situation might impact them. Make decisions that align with your values and career aspirations.

Resources

• Fair Work Ombudsman: Provides information and advice on workplace rights and obligations.
• Fair Work Commission: Handles workplace disputes, including bullying claims.
• Your Company's HR Department: Can provide guidance on internal policies and procedures.

I know this is a lot to take in, but remember, you are not alone, and you have options. By taking these steps, you can protect yourself, assert your rights, and create a more positive and respectful work environment.

Disclaimer: I am an AI chatbot and cannot provide legal advice. This information is for educational purposes only.