PETALING JAYA: Workplace bullying has become a problem that is serious enough to warrant scrutiny, said Malaysian Institute of Human Resource Management vice-president Mohd Rafizi Rahmad.
He told theSun that the issue would be raised at the institute’s next meeting to be held soon.
Rafizi said many people assume that workplace bullying only takes place top-down, or in other words, superiors bullying their subordinates.
“But the fact is that there are other groups of workers who are also victims of workplace bullying. Don’t be surprised, because there are also department heads or top officials who have become victims of staff who have an agenda. Workplace bullying is a serious problem, which is why it will be raised at our next meeting.”
Universiti Sains Islam Malaysia associate professor of Law Dr Muzaffar Syah Mallow said while workplace bullying is known to exist in the country, there are no specific laws under which a victim can complain about the perpetrator.
But what constitutes workplace bullying? Muzaffar said it could be defined as unprofessional conduct that could jeopardise an employee’s ability to perform at work.
He said this also affects an organisation’s productivity.
“It creates an unconducive work environment where the victims in the workplace are unable to focus on their jobs effectively. A perpetrator can be anyone, such as the office manager, employer, another employee or even third parties such as a client, customer, or visitor. Likewise, the victim can be just about anyone.”
Muzaffar added that victims should not suffer in silence but act immediately by lodging complaints with their superiors.
Labour lawyer S. Muhendaran, who concurred with Muzaffar, said that gaps exist despite a push to increase protection for workers.
“Bullying in a professional setting is a form of harassment. Just like sexual harassment, it should be viewed very seriously.
“If they do not feel comfortable raising the issue with a superior, or if their superior is the perpetrator, then victims could lodge a complaint in writing to the company’s human resources or legal department as a first step.
“Victims can also lodge a report with the Human Resources Ministry, which can probe such matters under the Employment Act 1955, Industrial Relations Act 1967, or Occupational Safety and Health Act 1994.”
Muhendaran added that victims could even institute civil action against a perpetrator or lodge a police report so that an investigation could be conducted under provisions of the Penal Code.
He said perpetrators could be charged under section 358 of the Penal Code, which provides for a jail term of up to one month or a fine, or both.
Muzaffar and Muhendaran said noticeable effects of workplace bullying include a victim’s inability to focus on tasks, stress as well as rising emotional and mental pressures that affect his relationship with family and friends.
“If the act of bullying goes unnoticed and continues, it can affect a victim’s health, and even lead to suicide,” said Muzaffar.
Muhendaran added that it is time for non-governmental organisations to take the lead in curbing workplace bullying, given the lack of data on the matter since victims are often unsure of what action they can take.
