The Complicity of Silence: How Incompetent HR Teams Perpetuate Toxic Workplace Cultures
By Rose Byass
There’s a dangerous myth in corporate Australia — particularly in mining, construction, and heavy industries — that Human Resources (HR) and Employee Relations (ER) are impartial protectors of fairness, psychological safety, and the company’s values. But for many workers, especially those who raise legitimate concerns about bullying, exclusion, or misconduct, the reality is far more disillusioning. Behind the polished corporate brochures and bold values statements lies a systemic problem: HR and ER functions are too often unwilling or unable to confront entrenched toxic behaviour, particularly when it involves individuals in powerful positions. Rather than acting as a safeguard, these departments frequently become instruments of containment, focusing on protecting the organisation’s image, not the wellbeing of its people.This isn’t just unethical. It’s dangerous, non-compliant, and in some cases, legally actionable.
"Interpersonal Conflict" – The HR Gaslight
One of the most insidious tactics used by HR/ER departments in large organisations is the mischaracterisation of bullying and psychological harm as mere “interpersonal conflict.” This phrase is weaponised to invalidate workers’ experiences and shift responsibility away from structural failings and poor leadership. Let’s be clear: repeated exclusion, micromanagement, belittlement, and obstruction of your professional duties are not personality clashes — they are psychosocial hazards, recognised under the law. In Western Australia, the Work Health and Safety Act 2020 (WA) mandates a duty of care under Section 19(1) for all PCBUs (Persons Conducting a Business or Undertaking) to ensure, as far as reasonably practicable, the physical and psychological health of workers. The Code of Practice on Psychosocial Hazards in the Workplace (WA) explicitly identifies bullying, exclusion, humiliation, and excessive oversight as risks that employers must proactively manage.Yet when these behaviours are raised, HR departments often fail to act. They minimise harm, dismiss clear evidence, and redirect the burden back onto the affected individual — suggesting informal resolutions, “just talk to them” strategies, or workplace mediation sessions designed to smooth over, not resolve, abuse.This isn’t conflict resolution. It’s corporate betrayal.
When HR Becomes a Barrier, Not a Bridge
Workers don’t turn to HR lightly. By the time a formal complaint is made, there is usually a long trail of exclusion, fear, and internal turmoil. For HR to then close a report without investigation, suggest “managing it directly with the person,” or refer the matter back to the very manager involved, is not just unprofessional — it is negligent. This conduct fails the Fair Work Commission’s standards around workplace bullying, which defines such behaviour as:
Repeated, unreasonable actions towards a worker or group of workers that creates a risk to health and safety.
The Fair Work Act 2009 further provides protections against adverse action taken against a worker because they made a complaint about their employment. If HR closes ranks and responds with silence, apathy, or subtle retaliation, they are not just morally compromised — they may be legally culpable.And make no mistake: the psychological damage of this betrayal is immense. Workers experience re-traumatisation, worsened anxiety, PTSD flare-ups, and professional isolation. The harm is compounded not just by the original behaviour, but by the institutional failure to acknowledge or correct it.
Mining and Resources: The Industry That Rewards Bad Behaviour
In no industry is this problem more visible — or more dangerous — than in mining and resources. These sectors frequently boast “zero harm” mantras and high-level WHS certifications, but scratch the surface and you’ll find workplaces riddled with unchecked power dynamics, invisible gatekeeping, and deeply embedded cultural issues. Technical specialists are pitted against former incumbents who don’t want to relinquish control. Managers are protected because they “deliver.” And HR? They become apologists for dysfunction — too intimidated or ill-equipped to challenge it. When a new, highly capable professional is undermined from the day they start — excluded from meetings, denied access to critical information, subjected to public humiliation or professional sabotage — that is not a "misunderstanding." That is structural bullying, and it thrives in silence.
What Should Workers Do?
First: Know your rights.
If you’re being bullied, excluded, or psychologically harmed:
- Document everything — dates, emails, meetings, witnesses.
- Lodge a report with WorkSafe in your state or territory. In WA, WorkSafe accepts psychosocial hazard complaints and investigates employer breaches of the WHS Act 2020.
- Submit a General Protections application to the Fair Work Commission if you experience adverse treatment after raising a complaint.
- Seek legal advice early — there are free employment law centres in every state, and many lawyers will take on strong cases on a no-win, no-fee basis.
Second: Stop internalising their failures.
Being excluded or bullied does not mean you're incompetent. In fact, the opposite is often true — toxic teams fear competence and confidence, and they will often isolate those who threaten the status quo. Third: Don’t wait for HR to save you.
If the internal processes fail you, go external. The law exists for this reason — to hold organisations accountable when their internal checks have failed.
What Should Leaders and Boards Do?
Organisations who ignore these realities are playing with fire. Failing to act on psychosocial harm:
- Exposes the company to serious regulatory risk,
- Breaches WHS legislation,
- Contributes to long-term brand damage, and
- Drives out the very talent they claim to want.
It’s time for boards, executives, and risk committees to stop blindly trusting HR to manage psychological safety. Ask for independent audits. Demand visibility over bullying complaints and resolution timelines. Require training for ER teams on legally compliant investigations. And start treating psychological harm the same way you would a serious injury — because under the law, it is.
The Final Word: Don’t Fear Bullies
If you are in a toxic workplace: you are not weak, oversensitive, or difficult. You are being harmed. The problem is not you — it is the system that enables, protects, and excuses abusers. Whether you’re in mining, construction, healthcare, tech, or law — know that you have a voice, and you have rights. WorkSafe, the Fair Work Commission, the law, and your own courage are tools that can be used to hold the line. You deserve better. And so do the thousands of others suffering in silence because of weak, passive HR departments who’ve forgotten their true purpose. It’s time we call this out for what it is — complicity.
