Workplace bullying: your rights and how to respond

Bullying is prohibited. In the Working Environment Act § 4-3 no. 3 it states: “Employees shall not be subjected to harassment or other improper conduct.”

Bullying may involve harassment, exclusion, hurtful teasing, and similar behaviours. A typical feature of such situations is that the person being bullied is, for various reasons, unable to defend themselves. One example is an imbalance of power between the parties involved – for instance, between a manager and an employee. If the individuals involved are equally strong or if the incidents are isolated, the situation is not necessarily defined as bullying.

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Why does bullying occur?

Certain factors increase the risk of bullying in the workplace:

• A work environment that tolerates bullying or fails to recognise problematic behaviour
• Sudden organisational changes
• Unclear roles and responsibilities
• Insecure employment conditions
• Poor relationships between employees and management
• Poor relationships between colleagues
• Extremely high work demands
• Weak personnel policies and lack of shared values
• High levels of work-related stress

In addition, the risk may increase due to individual or situational factors such as discrimination, intolerance, personal problems, or substance abuse.

Responsibility for the working environment

The employer is responsible for ensuring that the working environment is fully acceptable, both physically and psychosocially, in accordance with Chapter 4 of the Working Environment Act. The term “employer” refers to the organisation itself, as well as the individuals who exercise employer functions, such as managers or supervisors.

Employees also share responsibility for preventing bullying and contributing to a healthy working environment. This responsibility is partly derived from the general duty of loyalty that applies to all employees, and from the duty to cooperate as outlined in Section 2-3 of the Working Environment Act. Section 2-3 (d) states:

“Employees shall notify the employer or the safety representative as soon as they become aware of harassment or discrimination in the workplace.”

What to do if you believe you’re being bullied

Your workplace should have procedures in place for handling bullying cases. These may be part of the organisation’s whistleblowing or reporting routines. Employers are also required to prevent bullying. According to Section 3-1 of the Working Environment Act, employers must ensure systematic health, safety, and environmental efforts. This should include identifying bullying and implementing appropriate measures.

It’s wise to seek support and advice if you believe you’re being bullied. You can contact your union representative or safety representative, if available. The Norwegian Labour Inspection Authority (Arbeidstilsynet) can also provide guidance and follow-up. And of course, as a member you can always contact Tekna’s legal department for advice and further assistance.

Bullying cases can be difficult to pursue legally, such as through the courts. This is partly because it can be hard to prove that bullying has occurred, and partly because many colleagues may be drawn into the process in ways they are uncomfortable with.

Where to turn if you’re being bullied at work and need someone to talk to

• Occupational health service – if your workplace has one. You can request a confidential conversation. They are bound by confidentiality unless you give permission to escalate the matter to your employer.
• Your GP (general practitioner) – if you become ill due to workplace conditions, your doctor must report this using a specific form sent to the Labour Inspection Authority. The authority can only follow up if you give written consent on the form.
• The Norwegian Labour Inspection Authority (Arbeidstilsynet) – provides information and guidance to all parties involved in a conflict or bullying situation. They do not assign blame or mediate conflicts, but they do push for the employer to take necessary action.
• Mental Health Support Line for Working Life – call 22 56 67 00 if you need someone to talk to and want advice on how to move forward.