No witnesses make it difficult for bullying victims to take action - Lawyer

Facts of the case and the available evidence in proving bullying incidents were crucial in determining any punishment or charges that may follow.

NURUL HUDA HUSAIN
NURUL HUDA HUSAIN
18 Sep 2024 09:38am
Photo for illustration purposes only. - 123RF
Photo for illustration purposes only. - 123RF

SHAH ALAM - The difficulty in proving bullying incidents depends on the facts of the case and the available evidence.

Lawyer Muhammad Akram Abdul Aziz said these two elements were crucial in determining any punishment or charges that may follow.

"There are cases where witnesses or documentary evidence, such as threatening messages or offensive comments on social media, are present. In such situations, it is easier for the bullying to be proven by the doctor who is the victim.

"However, there are times when bullying occurs implicitly, or in situations where there is no clear evidence, for example, threats made in a room where only the victim and the bully are present.

"In such cases, it may be somewhat difficult to prove the bullying incident, but that does not mean there is no case for the complainant to raise," he told Sinar.

On Monday, it was reported that Health Minister Datuk Seri Dr Dzulkefly Ahmad said the ministry would not tolerate any acts of bullying against its workers.

He said bullying has never been part of the culture within the Health Ministry and it remained a core principle of the ministry.

This follows the death of a doctor in Sabah on Aug 29, who was allegedly a victim of bullying and workplace stress.

Elaborating further, Akram said legal action could still be taken against bullies, but the process may not be as straightforward compared to cases with solid evidence.

"The question is whether the bullied doctor wants to take action or not," he said.

When asked if there have been cases of doctors suing colleagues for bullying, he confirmed that there were.

"Our law firm has handled such cases, which involved defamation claims. However, such cases are rare," he said.

Akram also advised workplace bullying victims not to conceal their cases and to confide in trusted individuals.

"If the bullied doctor does not take such steps, I believe it will only encourage the bully to act excessively, as there are no negative consequences for them.

"Moreover, bullies typically target those they perceive as weak or unlikely to fight back," he added.

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