Draft. Workplace Bullying a Workers Guide

Transcription

1 Draft Workplace Bullying a Workers Guide Bullying behaviour can occur in any workplace and can take place between anyone including managers, supervisors, co-workers, contractors and volunteers. Workplace bullying does not only occur between individuals a group can also be responsible for targeting an individual or another group of workers. Whilst bullying behaviour can be overt and aggressive it can also be subtle and may not always be obvious to others. Bullying is a hazard because it may affect the mental and physical health of workers. Under Work Health and Safety laws workers must take reasonable care that their behaviour does not adversely affect the health and safety of other persons. Workers must also co-operate with any reasonable policies and procedures of the organisation they work for, such as a workplace bullying policy. If you believe that you are being bullied you should first find out whether what you are experiencing is actually bullying before you take action. If after reading this Guide you are still unsure about whether you are experiencing bullying, or you are still feeling distressed, you should seek assistance from someone you trust, such as a close friend, relative or colleague. WHAT IS WORKPLACE BULLYING? Workplace bullying is defined as repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety. Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time. Unreasonable behaviour means behaviour that a reasonable person, having regard for the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening. Examples of behaviour that may be considered to be workplace bullying if they are repeated, unreasonable and create a risk to health and safety include: abusive, insulting or offensive language or comments unjustified criticism or complaints deliberately excluding someone from workplace activities withholding information that is vital for effective work performance setting unreasonable timelines or constantly changing deadlines setting tasks that are unreasonably below or beyond a person s skill level denying access to information, supervision, consultation or resources such that it has a detriment to the worker spreading misinformation or malicious rumours changing work arrangements, such as rosters and leave, to deliberately inconvenience a particular worker or workers excessive scrutiny at work. WHAT IS NOT WORKPLACE BULLYING? There are a number of situations that, although they may feel unpleasant, are not examples of bullying, such as: Page 1 of 9 June 2013

2 a single incident of unreasonable behaviour reasonable management action taken in a reasonable way discrimination and harassment workplace violence workplace conflict A single incident of unreasonable behaviour Whilst a single incident of unreasonable behaviour may not be regarded as bullying, it should not be ignored as it may have the potential to escalate. If possible speak to the person who has acted unreasonably. If you do not feel comfortable or safe doing so, discuss the matter with your manager, supervisor, human resources officer or grievance officer. Reasonable management action taken in a reasonable way This can include: setting reasonable performance goals, standards and deadlines rostering and allocating working hours where the requirements are reasonable transferring a worker for operational reasons deciding not to select a worker for promotion where a reasonable process is followed and documented informing a worker about unsatisfactory work performance when undertaken in a reasonable manner and/or in accordance with any workplace policies or agreements such as performance management guidelines informing a worker about inappropriate behaviour in an objective and confidential way implementing organisational changes or restructuring termination of employment Before making a complaint about bullying due to management action, you should think about keeping the performance issue and how it was managed separate. Your organisation s performance management procedures should provide guidance on how performance problems should be handled. It may be the case that there are genuine performance issues or your supervisor/manager had not adequately explained what was expected, resulting in misunderstanding. Poor management practices on their own may not equate to bullying, but if your supervisor/manager keeps moving the goalposts without reason, this may more readily show that there is bullying. Discrimination or harassment Discrimination generally occurs when someone is treated less favourably than others because they have a particular characteristic or belong to a particular group of people. Harassment generally involves unwelcome behaviour that intimidates, offends or humiliates a person because of a particular personal characteristic such as race, age, gender, disability, religion or sexuality. A worker can be bullied, harassed and discriminated against at the same time. Discrimination and harassment are dealt with separately to bullying under anti-discrimination, industrial relations and human rights laws. If you believe you are experiencing discrimination or harassment in the workplace contact the Australian Human Rights Commission, Equal Opportunity Commission in your state or territory or Fair Work Australia for further advice. Workplace violence Page 2 of 9 June 2013

3 Workplace violence is any action, incident or behaviour in which a person is assaulted, threatened, harmed or injured in circumstances relating to their work. Incidents of physical assault should be reported to the police because these are criminal matters. Workplace conflict Workplace conflict can be defined as friction or opposition resulting from disagreements or personality clashes. Low level workplace conflict is generally not considered to be bullying. This is because not all conflicts or disagreements have negative health effects. However, in some cases, conflict that is not managed may escalate to the point where it meets the definition of workplace bullying. If workplace conflict is affecting you, you should speak to your manager, supervisor, human resources officer or grievance officer to assist you in dealing with it. I THINK I M BEING BULLIED, WHAT SHOULD I DO? As the circumstances in each case of workplace bullying are different, the steps you take to address the bulling behaviour will depend on your particular work environment, the systems available at your workplace and the nature of the bullying. There are a number of things you can do to take care of your own wellbeing and try to resolve the issue: check if your workplace has a bullying policy and procedure seek advice and support from someone you trust speak to the bully if you feel confident and safe to do so report the bullying behaviour use a counselling service or discuss the matter with your medical practitioner keep a diary of the behaviour. Check if your workplace has a bullying policy and procedure Check whether the organisation you work for has a policy and complaint resolution procedure in place for workplace bullying. Your supervisors, manager or someone in the organisation s human resources area will be able to tell you whether there is a policy or procedure in place. The policy should outline the standards of acceptable behaviour at work and how to report workplace bullying. Information on workplace bullying may also be included in: induction programs/packs, awareness sessions, in-house newsletters and displayed on notice boards documents such as your workplace s code of conduct discussion at staff meetings and in team briefings. If you are not aware of whether your workplace has a bullying policy, or you do not have access to one that is in place, ask your manager, supervisor or human resources section if a policy exists and how to access it. If your workplace does not have a bullying resolution process in place the default work, health and safety issue resolution procedure in the Work Health and Safety Regulations must be followed. Page 3 of 9 June 2013

4 Seek advice from someone you trust If available in your workplace, seek advice from a grievance officer, health and safety representative (HSR) or human resources officer. You may also wish to discuss your concerns with your friends and family. It can be difficult in times of stress to be objective about what is happening to you. Sometimes the perspective of another person may help you determine whether what you are experiencing is bullying or general workplace conflict. A third party may also be able to assist you address the issue. Speak to the bully request the behaviour to stop If you feel safe and comfortable to do so, calmly and professionally tell the person that their behaviour is unwanted and unacceptable and ask them to stop. They may not realise the effect their behaviour is having on you and your feedback may give the person the opportunity to change their action. You should not take this step if you do not feel comfortable or safe to do so. If you chose to deal with the situation personally you should consider the following: try to act as early as possible try to raise your concerns informally do not retaliate focus on unwanted behaviour rather than the person you may ask your health and safety representative, union representative or supervisor to be with you when you approach the person. Report it Report the bullying behaviour in writing or verbally as early as possible in any of the following ways: informing a supervisor, manager or business owner informing the health and safety representative (HSR) using established hazard reporting procedures. If possible, tell your supervisor about the behaviour. The supervisor or manager cannot address the problem if they do not know about it. If your supervisor is the person whose behaviour is concerning you, then in most cases you should speak to the next person of seniority in your organisation. If your work group has elected a HSR, they can assist you with advice and support in addressing workplace bullying, however they do not have any other role in resolving the issue. HSRs can act on your behalf if you give them permission to. If you know that your workplace has a hazard reporting procedure, you can use that to report the bullying behaviour. Use a counselling service or talk to your medical practitioner Maintaining your personal health and wellbeing is very important. Talking to a counsellor or medical practitioner may assist you in developing ways to deal with the effects of bullying as well as providing you with advice on how to maintain your general health and wellbeing. Some workplaces offer confidential counselling services to workers (Employee Assistance Program). Ask your human resources area if your workplace offers this service. Page 4 of 9 June 2013

5 Keep a diary Bullying can sometimes be difficult to prove if it is subtle or covert. In these circumstances, it may be helpful to keep a diary detailing each bullying incident. Make detailed notes of what is happening be sure to include places, dates, times, persons involved (both those involved and witnesses),what was said or done, what attempts were made to resolve the matter and the outcome of the resolution process. Ensure that your records are accurate and factual. This information may be useful later, particularly if the matter is unresolved or escalates. WHAT TO EXPECT FROM YOUR ORGANISATION If you tell a manager or supervisor at your workplace that you think you are being bullied, the report should be taken seriously. Once aware of the alleged bullying behaviour, measures should be taken by your organisation to deal with the matter quickly and courteously. The organisation should: respond to the bullying report quickly and reasonably attempt to resolve the matter inform you of the process of how the matter will be dealt with allow you to explain your version of events maintain confidentiality remain neutral and impartial towards everyone involved advise you what support options are available to you, such as counselling allow you to have a support person present at interviews and meetings, such as a friend or health and safety representative keep records (e.g. of conversations, meetings and interviews during the resolution process) If the matter is resolved. If the matter you raised is resolved, you may ask your organisation to record the matter and the resolution in a written agreement. You can also expect further support from your organisation. Your organisation: should follow up with you and review the matter at a later date, and may be able to provide you with ongoing support or advise you of services that can offer you support. If the matter is not resolved If reasonable efforts have been made to resolve the matter but it remains unresolved your organisation may initiate an investigation. You or other workers involved can also initiate the process by asking your organisation to investigate the matter. Investigation The investigator appointed to your matter must be an unbiased person who has knowledge of workplace bullying matters. An investigator may be a suitably qualified, neutral person from within your organisation or a suitably qualified external investigator. Page 5 of 9 June 2013

6 The investigator s aim is to work out what happened, whether or not an allegation of workplace bullying is substantiated (or whether there is insufficient information to decide either way) and what the appropriate course of action should be (if any). What will happen after the investigation? Once the investigation has been completed, the investigator will submit a report to your organisation. Your organisation will then decide what action, if any, should be taken. Work Health and Safety Regulator If your organisation does not initiate an investigation or you do not feel that you can request one and there are no ongoing measures to resolve the matter, you may ask your work health and safety regulator to appoint an inspector. The inspector appointed by your regulator will determine whether health and safety duties have been contravened. IF SOMEONE HAS MADE A COMPLAINT THAT YOU HAVE BULLIED THEM AT WORK, WHAT SHOULD YOU DO? It can be upsetting and come as a shock if someone makes a complaint that you have been bullying them. But it s important that you are open to feedback from others and, where appropriate, be prepared to change your behaviour. There are a number of things you can do if a complaint is made against you: Check if your workplace has a bullying and dispute resolution policy in place Seek advice, support and speak to someone you trust If you think it is reasonable, speak to the person who you have appeared to have offended or upset Keep a diary outlining your interactions with the affected person/s Speak to a counsellor of medical practitioner. Check if your workplace has a bullying and dispute resolution policy in place Check whether the organisation you work for has a workplace bullying policy and complaint resolution procedure in place. Your human resources area, supervisor or manager will be able to tell you if there is a bullying policy in place. The policy should outline the standards of acceptable behaviour at work and how to respond to a bullying complaint. Information on workplace bullying may also be: included in induction programs, awareness sessions or in in-house newsletters included in documents such as codes of conduct, and/or discussed at staff meetings and team briefings. If your workplace does not have a bullying resolution process in place the default work, health and safety issue resolution procedure in the Work Health and Safety Regulations must be followed. Page 6 of 9 June 2013

7 Seek advice, support and speak to someone you trust Seek advice and support from a friend, family member, colleague, supervisor, manager, health and safety representative or someone from your human resources area. It can be confronting and stressful having a bullying report made against you, however a trusted third party may assist you to gain perspective on the issue and may help you to address the matter. If you think it s reasonable, talk to the person who you have appeared to have offended or upset If you feel safe and comfortable to do so speak to the person who you have appeared to have offended or upset. Calmly and professionally explain your actions to the affected person/s and explain that you did not realise the effect your behaviour was having on them or others. If you choose to deal with a situation personally: try to act as early as possible do not retaliate be open to feedback and be prepared to change your behaviour if appropriate consider what will be said to the person, and explain your actions You may ask your health and safety representative, union representative or supervisor to be with you when you approach the person/s. You should not take this step if you not feel comfortable or safe to do so. Keep a diary of the process and any actions taken Keep a diary and make detailed records of what is happening be sure to include what was said or done, outcomes of meetings and any resolution/s. Ensure that your records are accurate and factual as they may be used if the matter is escalated. Use a counselling service or talk to your medical practitioner It is very important to look after your personal wellbeing during times of increased stress. A counsellor or medical professional may be able to offer you support and guidance on how to address the bullying report made against you and can provide you with advice on how to maintain your general health and wellbeing. Some workplaces offer confidential counselling services to workers (for example, an Employee Assistance Program). Ask your human resources area if the organisation you work for offers this service. WHAT TO EXPECT FROM YOUR ORGANISATION If someone has made a complaint that you have bullied them at work, your organisation should respond to the allegations of workplace bullying in an impartial and professional manner and must allow you to explain your version of events. Once aware of the alleged bullying behaviour, measures should be taken by your organisation to resolve the matter quickly and courteously, even if there is not a bullying policy in place. Page 7 of 9 June 2013

8 If someone has made a complaint that you have bullied them at work, you should expect your organisation to: respond to the bullying report quickly and reasonably attempt to resolve the matter inform you of the process of how the matter will be dealt with allow you to explain your version of events maintain confidentiality remain neutral and impartial towards everyone involved advise you what support options are available to you, such as counselling allow you to have a support person present at interviews and meetings, such as a friend or health and safety representative, and keep records (e.g of conversations, meetings and interviews during the resolution process) If the matter is resolved If the bullying complaint made against you is resolved, you may ask your organisation to record the matter and the resolution in a written agreement. You can also expect further support from your organisation, for example your organisation: should follow up with you and review the matter at a later date, and may be able to provide you with ongoing support or advise you of services that can offer you support. If the matter is not resolved If reasonable efforts have been made to resolve the matter but it remains unresolved your organisation may initiate an investigation. You or other workers involved can also initiate the process by asking your organisation to investigate the matter. Investigation The investigator appointed to your matter must be an unbiased person who has knowledge of workplace bullying matters. An investigator may be a suitably qualified, neutral person from within your organisation or a suitably qualified external investigator. The investigator s aim is to work out what happened, whether or not an allegation of workplace bullying is substantiated (or whether there is insufficient information to decide either way) and what the appropriate course of action should be (if any). What will happen after the investigation? Once the investigation has been completed, the investigator will submit a report to your organisation. Your organisation will then decide what action, if any, should be taken. WORK HEALTH AND SAFETY REGULATOR You, the person who made the bullying complaint or the organisation you work for may ask the work health and safety regulator to appoint an inspector. The inspector appointed by the regulator Page 8 of 9 June 2013

9 will determine whether health and safety duties have been contravened. An inspector will not determine what actions, if any, your organisation should take. WHERE TO GO FOR HELP If you are being bullied, think you re being bullied, someone has alleged you are bullying them or something else at work is distressing you there are a number of organisations that may be able to offer you assistance: Lifeline Beyond Blue <Insert list of appropriate agencies and contact details in each jurisdiction> Page 9 of 9 June 2013