The Legal Light Justin Stark Office gossip and the law There's one in every office, maybe more. Most of the time it is harmless, even beneficial in binding the team together. Usually it's just a laugh, a break in the day over coffee. But when the office gossip gets nasty and denigrates a fellow worker, it can be cruel, harmful to the victim, and disruptive to the workplace. Employment lawyer at Stacks Law Firm Christopher Morris warns it can also be against the law, with costly legal consequences for both gossiper and employer. "Under workplace safety laws, employers are not only required to ensure the physical safety of their employees, but also their psychological well-being," Mr Morris said. "If an employee is being targeted in malicious gossip being spread by one or more people around the workplace, the victim may have grounds to take legal action against the employer if they fail to take action to stop it. "There are laws in NSW aimed at preventing what are called 'psychosocial hazards', such as bullying, excessive workload, trauma exposure, malicious gossip or nasty rumours being spread in the workplace. "Prosecution or fines could result from an employer's failure to address such potential problems by making it known to workers that there is a company policy on these matters." Mr Morris said such policies need to be clear and it would be best to get expert legal advice when drafting them, particularly if the employer plans to rely on the policy to discipline an employee. One of the oft-cited cases is that of Davies v Hip Hop Pty Ltd, where a childcare worker was sacked for breaching a company's "no back biting" policy. The Fair Work Commission ruled the policy did not clearly define "back biting" and lacked a proper framework to deal with complaints by staff. The company had to pay Davies $9,480 in compensation. The case shows companies should have workplace policies and procedures that clearly define actions which are prohibited under relevant legislation and ensure all staff are provided with such policies and understand them. Policies should clearly explain the process for an employee to make a complaint, who the responsible person is to take the complaint to and how it should be handled. Victims of bullying or malicious gossip should be able to nominate witnesses, have a timeframe for investigating the complaint and ensure confidentiality. Some workers have successfully claimed compensation after office gossip led to psychological injury and the employer was held liable for trauma. However, there is legal protection where an employer can demonstrate they took "reasonable steps" to prevent psychological harm. They don't have to guarantee a perfectly harmonious or gossip-free workplace. STACKS LAW FIRM Justin Stack Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stark Office gossip and the law There's one in every office , maybe more . Most of the time it is harmless , even beneficial in binding the team together . Usually it's just a laugh , a break in the day over coffee . But when the office gossip gets nasty and denigrates a fellow worker , it can be cruel , harmful to the victim , and disruptive to the workplace . Employment lawyer at Stacks Law Firm Christopher Morris warns it can also be against the law , with costly legal consequences for both gossiper and employer . " Under workplace safety laws , employers are not only required to ensure the physical safety of their employees , but also their psychological well - being , " Mr Morris said . " If an employee is being targeted in malicious gossip being spread by one or more people around the workplace , the victim may have grounds to take legal action against the employer if they fail to take action to stop it . " There are laws in NSW aimed at preventing what are called ' psychosocial hazards ' , such as bullying , excessive workload , trauma exposure , malicious gossip or nasty rumours being spread in the workplace . " Prosecution or fines could result from an employer's failure to address such potential problems by making it known to workers that there is a company policy on these matters . " Mr Morris said such policies need to be clear and it would be best to get expert legal advice when drafting them , particularly if the employer plans to rely on the policy to discipline an employee . One of the oft - cited cases is that of Davies v Hip Hop Pty Ltd , where a childcare worker was sacked for breaching a company's " no back biting " policy . The Fair Work Commission ruled the policy did not clearly define " back biting " and lacked a proper framework to deal with complaints by staff . The company had to pay Davies $ 9,480 in compensation . The case shows companies should have workplace policies and procedures that clearly define actions which are prohibited under relevant legislation and ensure all staff are provided with such policies and understand them . Policies should clearly explain the process for an employee to make a complaint , who the responsible person is to take the complaint to and how it should be handled . Victims of bullying or malicious gossip should be able to nominate witnesses , have a timeframe for investigating the complaint and ensure confidentiality . Some workers have successfully claimed compensation after office gossip led to psychological injury and the employer was held liable for trauma . However , there is legal protection where an employer can demonstrate they took " reasonable steps " to prevent psychological harm . They don't have to guarantee a perfectly harmonious or gossip - free workplace . STACKS LAW FIRM Justin Stack Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life