What a significant bullying-related payout reminds health industry employers about respectful workplace policies and training
Medical and specialist practices are busy, people-focused workplaces where managers and owners often need to deal with issues directly and in real time. There may be patient complaints to manage, doctors running behind, rostering gaps to fill, performance concerns to address, or mistakes that need to be corrected. Managers and owners must be able to give feedback, set expectations and make difficult operational decisions. But the need for direct and assertive management is not a licence for repeated criticism, intimidation, humiliation or exclusion. Managers and owners need to understand where the line sits between effective, assertive management and behaviour that may amount to bullying.
The Federal Court decision in Leggett v Hawkesbury Race Club Limited (No 3) [2021] FCA 1658 is a reminder that workplace bullying risk is not just a “people problem”. It is a work health and safety, governance and compliance risk.
The case involved significant orders, widely reported as totalling approximately $2.8 million. While it is often discussed as a bullying case, it is more accurately understood as a general protections/adverse action matter with serious bullying and psychosocial risk features.
For employers, the key question is:
Do your respectful workplace expectations exist only in a policy folder, or are they understood, trained, reinforced and acted on in the day-to-day running of the practice?
What happened?
The case involved a long-serving sponsorship and marketing manager at Hawkesbury Race Club. After a new CEO commenced, the working relationship deteriorated significantly.
The Court accepted that the CEO engaged in an overbearing and unreasonable management style, including intense scrutiny, repeated questioning, public belittling and conduct that contributed to serious psychological injury.
When the employee complained about the CEO’s conduct, she asked for her complaint to be referred to the Board. Instead of her complaint being managed independently, the CEO responded by directing her to attend a meeting about her work performance. After she provided a medical certificate stating she was unfit for work due to work stress, the CEO forwarded the email to another person with a dismissive comment and told a colleague that she had “pulled” the stress leave certificate.
The Court also found that the Club took adverse action against her. This included requiring her to attend the performance meeting after she had complained, and withholding payment of her commission. The issue was that these steps were taken because she had exercised workplace rights by making complaints about the CEO’s conduct and taking sick leave.
Rather than the business taking clear, independent and timely steps to manage the complaint, the employee’s concerns were effectively left in the hands of the person whose conduct she had complained about. The CEO then responded by directing her to attend a performance meeting, rather than the business addressing the complaint through an independent or appropriately separated process.
While the facts are specific to that workplace, the broader message is clear, employers need to be able to show that they took reasonable steps to prevent bullying, respond to concerns and manage psychosocial risks in the workplace.
Why this matters for practices
The case did not involve a health industry employer, but the risk pattern will be familiar to many of our members.
Bullying at work involves repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.
In a practice setting, similar risks might arise where:
- a manager/owner/doctor repeatedly criticises a receptionist in front of patients or other staff;
- a senior clinician speaks to nursing or reception staff in a belittling or intimidating way;
- a lead nurse excludes a team member from handovers or team discussions;
- a manager continually shifts expectations, then criticises the employee for not meeting them;
- a contractor dismisses or undermines practice staff;
- a staff member is treated poorly after raising a concern or taking stress-related leave.
Importantly, not every challenging workplace conversation is bullying. Managers are allowed to give feedback, issue lawful directions, manage performance and address conduct concerns. The key issue is whether the management action is reasonable and carried out in a reasonable way.
That distinction matters. A nurser manager can speak to a nurse about medication documentation errors. A reception lead can raise concerns about repeated lateness. A practice manager can redirect workflow or make operational changes.
But the manner in which these things are done matters, such as public criticism, belittling comments, retaliatory rostering, unreasonable workloads, exclusion, threats or dismissive responses to stress-related concerns, have the potential to turn an ordinary management issue into a much more serious risk.
Respectful workplace behaviour needs to be operational, not theoretical
One of the strongest lessons from the Leggett case is that employers cannot safely treat bullying complaints as mere personality clashes or otherwise dismiss concerns.
When an employee or contractor raises concerns about repeated behaviour, distress, anxiety, humiliation, fear of attending work or feeling unsafe at work, those concerns should be treated as risk indicators.
For HR in Health members, this is particularly important because team behaviour can affect patient care. A staff member who feels intimidated may be less likely to speak up about a patient concern, clarify an instruction, report a near miss or challenge unsafe workflow.
A respectful workplace supports safety, communication and trust.
This is why respectful workplace obligations should be embedded across the practice’s HR framework, including:
- a Code of Conduct;
- a Respectful Workplace Policy;
- a Bullying Prevention Policy;
- a Sexual and Sex or Gender-Based Harassment Policy;
- an Anti-Discrimination Policy;
- an Equity, Diversity, Inclusion and Belonging Policy;
- complaints and grievance procedures;
- onboarding, reinduction and refresher training.
HR in Health’s Respectful Workplace policy suite is designed to help members set these expectations clearly and consistently across the whole workforce, including employees, managers, contractors, service/facilities doctors, visitors and others performing work at the clinic.
Policies are important — but they need to be alive in the practice
Respectful workplace policies should clearly explain what bullying, harassment, discrimination, victimisation and inappropriate workplace behaviour may look like. It should also explain the difference between bullying and reasonable management action, how concerns can be raised, who they can be raised with, and what may happen if the policy is breached.
But a policy sitting in a folder is not enough.
The real question is whether the practice can demonstrate that workers know the policy, understand the examples, know how to report concerns, and have seen leadership model the behaviour expected of everyone else.
That is where onboarding and refresher training become important.
New employees should not be expected to “pick up” workplace behaviour expectations informally. Respectful workplace obligations should be part of induction from the start, then reinforced through regular refresher training.
The same applies to contractors. For HR in Health members, contractors may include doctors, allied health practitioners, agency staff or others who interact with the team. Contractors need to know that “I’m not an employee” does not mean “respectful workplace behaviour expectations not apply to me”.
Training turns policy into day-to-day behaviour
A respectful workplace framework is most effective when staff understand how it applies to real situations in your practice.
HR in Health’s HR Onboarding & Refresher course has been designed for private medical and specialist practice settings and is suitable for clinical and non-clinical staff. It supports staff to understand their role, responsibilities and expected behaviours from the start of the working relationship and can also be used as refresher training for existing employees.
The course covers key areas including:
- respectful workplace behaviours;
- professional boundaries with colleagues, employers and patients;
- workplace bullying and harassment;
- sexual harassment;
- direct and indirect discrimination;
- workplace health and safety obligations;
- raising concerns, complaints and grievances;
- confidentiality and privacy.
Short quizzes follow each module to reinforce learning and help staff identify any gaps before moving on. This type of training helps practices move beyond “we have a policy” to “we have taken active steps to explain, reinforce and test understanding of the expected behaviour”.
When concerns are raised, respond early
The way an employer responds to a complaint can be just as important as the underlying conduct. When bullying or disrespectful behaviour is raised, practices should generally:
- acknowledge the concern and avoid dismissive language;
- assess whether immediate support or interim steps are needed;
- preserve relevant information, such as emails, messages, rosters or meeting notes;
- identify whether the matter can be managed informally or requires a formal process;
- provide procedural fairness to any person accused of bullying;
- document the outcome and reasons;
- follow up to ensure the behaviour has stopped and the working relationship is safe.
Importantly, the process followed must reflect the policies and procedures in place in the practice.
Further, a complaint management or investigation process is not finished just because a meeting was held. Employers should consider whether the conduct has stopped, whether any further support is needed, and whether broader workplace controls should be reviewed.
Practical steps for health employers
This case is a useful prompt for practices to review whether their respectful workplace framework is working in practice. HR in Health members should consider whether they have:
- current respectful workplace policies covering bullying, harassment, discrimination, sexual harassment, equity, diversity, inclusion and belonging, and code of conduct expectations;
- reporting pathways that are clear and accessible, including where the concern involves a manager, owner or contractor;
- onboarding processes that explain expected behaviours from day one;
- contractor onboarding that makes behavioural expectations clear;
- refresher training for existing employees and managers;
- practical, health-specific examples that help staff understand what respectful behaviour looks like in a practice setting;
- clear records of policy acknowledgements, training completion, complaints, outcomes and follow-up action.
How HR in Health can support you
HR in Health can assist practices to take practical and defensible steps to reduce risk and strengthen workplace culture.
Our support can include:
- implementing or reviewing your Respectful Workplace policy suite;
- assisting you to create and implement a Sexual Harassment Prevention Plan;
- providing HR Onboarding/Reinduction e-learning for employees;
- providing Contractor Onboarding Training e-learning for health practitioners working as contractors;
- supporting practices to respond to bullying, harassment or discrimination complaints;
- guiding you through conducting workplace investigations where required.
Managers and owners should not be afraid of giving feedback. The aim is to make sure feedback, performance management and workplace expectations are delivered reasonably, respectfully and safely.
The takeaway
The lesson from the Leggett case is not simply that a claim involving bullying can be expensive. The deeper lesson is that employers need to be able to show that they took reasonable, practical and timely steps to prevent and respond to harmful workplace behaviour.
For HR in Health members, that means having clear policies, training employees and contractors, supporting managers to lead respectfully, taking complaints seriously, documenting the response, and intervening before behaviour becomes entrenched. A respectful workplace policy is not just a compliance document. Used properly, it is a practical tool for protecting staff, supporting patient care and strengthening the culture of the practice.