For school principals, managing workplace bullying claims effectively is crucial to maintaining a safe and supportive environment for staff and students alike.
Indeed, principals not only shape school culture but also carry the weight of responsibility to address serious issues like staff and student bullying with legal precision.
A poignant reminder of this was seen in September when it was revealed a 12-year-old Sydney schoolgirl tragically took her life after being bullied due to “friendship issues”.
The tragedy followed a study showing that out of 336 Australian girls aged 14-19, a staggering 98% reported experiencing cyberbullying, with 62% reported appearance-related cyberbullying specifically.
By handling claims effectively, principals not only fulfil their duty of care but also protect the mental wellbeing of those impacted, ensuring that their schools remain places where both students and staff feel valued and secure.
Below, Andrew Brooks, Employment and Workplace Lawyer at Law Squared shares his insights on how principals can legally address claims of bullying between staff, and involving students, so they can ensure a safe and respectful teaching and learning environment.
TE: What legal steps should principals take when a staff member reports workplace bullying, and how can they ensure a thorough and fair investigation process?
The first legal step is always to comply with the school’s duty of care, and remove any immediate risks. Depending on the situation, this could include suspending or directing certain employees to leave the workplace, offering internal and external supports, and in extreme cases, contacting the police. The next step is to consider the information fully and follow the processes in the school’s policies. If this is an investigation, we recommend appointing an experienced investigator, and to ensure that there are no conflicts of interest at the outset.
TE: Drawing from the discussions you’ve had with school leaders, how can they ensure they’re meeting their legal obligations under anti-bullying legislation while fostering a safe and supportive workplace for both staff and students?
Fortunately fostering a safe and supportive workplace where individuals feel comfortable to raise concerns, is the best way to comply with the school’s legal obligations. This is because the school will be more likely to discover issues earlier, and hence be able to take proactive rather than reactive steps. The problem we see in schools is that they sometimes are unable to produce evidence of the considered and appropriate steps they have taken. For example, schools may struggle to produce a robust anti-bullying policy, training attendance records, psychosocial risk assessments, and a detailed paper trails of concerns received and actions taken. This immediately exposes the school to claims.
TE: What are the potential legal consequences for schools if workplace bullying claims are not adequately addressed, and how can principals alleviate these risks?
Schools and school leaders may face a negligence claim, a general protections claim, a stop-bullying claim, workers’ compensation claim and/or an investigation by the applicable State regulator. Whilst each claim (and applicable State) has different consequences, in NSW for example, and where bullying leads to a death, the school can be fined up to a maximum of $20 million and officers may face up to 25 years in prison. The good news is that principals can largely minimise these risks by fostering a safe and supportive workplace, ensuring their processes and systems are set out in writing, and issues are dealt with proactively.
TE: What documentation and reporting practices are essential for principals to follow to comply with legal requirements when managing bullying claims between staff or involving students?
Ideally the school’s existing policies, including grievances, bullying and child safety guidelines, will set out a clear process, including when it will and won’t be appropriate to contact parents, the police and other regulators. If not, the core obligation above all else is to ensure everyone is safe, and that notifications are made when they are necessary to ensure the health and wellbeing of those involved. Where safety is at the core of all the school’s actions, and detailed file notes are kept, it is unlikely the school will find itself facing severe legal risks.
Andrew Brooks is an experienced Employment + Workplace Relations lawyer at Law Squared, a Human Centred Law firm with offices in Melbourne, Sydney, Brisbane, London and Auckland. Andrew has worked extensively as a legal advisor to clients across both the For Profit and Not For Profit sectors. Andrew is also the co-author of the Child Safety Toolkit 2018.