DIGNITY & RESPECT IN THE WORKPLACE

Preventing Workplace

Bullying

DIGNITY & RESPECT IN THE WORKPLACE

Outcomes Define bullying & its effects Outline responsibilities of employees &

managers Raise awareness of procedures to deal

with bullying Raise awareness of procedures to

prevent bullying

DIGNITY & RESPECT IN THE WORKPLACE

The Dignity and Respect Charter

requires the PSA to have and maintain a

positive behavioural culture.

is committed to a workplace that provides dignity and respect to its employees.

How does management support a respectful workplace?

– build & support teams.– ensure communication, feedback, supervision,

workload planning– being enthusiastic & positive– model cooperative & collaborative working

relationships,– acknowledge good work & value staff.– Resolve difference / conflicts quickly and face-to-

face if possible.

How do staff support a respectful workplace?

– Contribute constructively to a team environment

– Respect and co-operate with co-workers.

What does a respectful workplace look like?

Management who are supportive & approachable, & regularly meet with employees.

A culture of active support for training & professional development

Acknowledgement & recognition for good work by staff.

Constructive relationships between the organisation & Union representatives.

Defining Workplace Bullying

* WorkCover 2008 Preventing and dealing with workplace bullying – A Guide for Employers and Employees

Is behaviour that is usually repeated, that is inappropriate, unreasonable and possibly aggressive and that creates a risk of physical and/or psychological harm.

Single Incidents

A single incident of unreasonable behaviour may not be considered bullying.

It should not be condoned or ignored.

Defining Workplace Bullying

What constitutes bullying behaviour? Abuse - Verbal , physical, emotional Unfair use of workplace systems eg. rosters Workplace/social exclusion Practical jokes

Defining Workplace Bullying

What DOES NOT constitute bullying behaviour?

Occasional differences of opinion etc in working relationships

Reporting professional difficulties with other staff Reasonable managerial processes

Reasonable Managerial Action

Reasonable managerial action must be conducted in

line with established policies.

It must be fair & equitable.

Reasonable managerial action

Legitimate performance management processes

Action taken to transfer, make redundant or terminate an employee in a fair and equitable manner

Justified decisions not to promote

Disciplinary procedures for proven misconduct

Managed business process, such as workplace change or restructuring conducted in consultation with employees and their representatives

Effects of Bullying?

Individual Team Organisation Family/Community

Workplace Bullying IS a Problem for Individuals

Each individual will react differently to bullying behaviour. The effects are many and varied.

High levels of stress Anxiety, panic attacks and depression, insomnia Ill health, headaches, nausea Loss of self esteem and confidence, feelings of social

isolation Reduced work performance, incapacity to work Deteriorating relationships with family and friends Hostility, aggression Apathy, lethargy

Workplace Bullying IS a Problem for Teams

Can destroy team cohesion. Reduce productivity Affect team morale

Workplace Bullying IS a Problem for Organisations

High levels of absenteeism and staff turnover Breakdown of team and work relationships Poor public image if a “difficult place to work” Reduced efficiency, productivity and profitability Increased costs - counselling, mediation &

compensation claims & premiums, industrial activity, recruitment and re-training of new staff

Potential litigation

Procedures to Deal with Bullying

LegislationPolicies & GuidelinesReportingAddressing & InvestigatingResolution

Legislation“Employers can face legal action for bullying under a

wide range of laws; criminal, OHS, anti discrimination and

workers compensation as well as personal injury liability and

breach of contract.”

Source : Employer First website

NSW and Federal Legislation

Anti-discrimination legislation Federal Human Rights Equal Opportunities

Commission Act 1986 NSW Anti Discrimination Act 1977

Occupational Health & Safety Legislation NSW OH&S Act 2000 NSW OH&S Regulation 2001

NSW OH&S Act 2000

S.3 Objects Promote S&H work environment…. that is adapted to physiological & psychological needs

S. 8 (1) An employer must ensure the health, safety and welfare at work of all employees

Prosecution under OHS Act 2000

The NSW Chief Industrial Magistrate has ruled that employers should not tolerate bullying*.

They should:– consult with employees– implement an anti-bullying policy and procedures – train staff in working with policy and procedures– establish a complaints mechanism – continually monitor the effectiveness of these policies.

(*Inspector Maddaford v MA Coleman Joinery & Ors, 20085574/03/02, 5/5/04)

Policy & Guidelines

Policy Guidelines

Code of Conduct Complaints Handling Policy Prevention of Bullying in the Workplace Policy Hazard/Incident Reporting

Reporting Bullying Behaviour

Bullying behaviour may exist even if there are no

reported incidents

Reporting Bullying Behaviour

Encouraging reporting can assist the employer to:

develop an accurate picture of the nature and extent of bullying

take action to address the issues being reported assess whether prevention measures are working nip emerging issues “in the bud” provide prompt assistance and support to employees

Reporting Bullying Behaviour

How to report:

Informal Complaints Procedures Direct Approach Formal Complaints Procedures Hazard/Incident Reporting Procedures Workers Compensation Claim

Addressing & Investigating Bullying Behaviour

All allegations to be treated seriously & investigated promptly & fairly

Confidentiality must be maintainedThe alleged bully should be treated as

innocent unless the allegations are proved to be true

Principles of natural justiceDocumentation

Addressing & Investigating Bullying Behaviour

RTW plans for psychological injuries must be developed as for standard RTW plan including risk assessment of the workplace, provision of suitable or alternate duties

Union members have the right to have their Union assist them in these processes.

Resolution

Complaint resolution is a very important part of dealing with bullying in

the workplace.

Resolution

Need to have quick resolution to demonstrate to employees that bullying is taken seriously.

OutcomesApology Undertaking that the behaviour will cease Formal warning, counselling of the alleged person Awareness training Formal Complaint dismissed (i.e. not substantiated)

It is easier to prevent bullying than it is to intervene after an event or mediate during an established pattern of bullying.

Bullying Risk Management

Identify Hazards

High levels of absenteeism associated with particular workplaces

An increase in workplace grievances or complaints

High levels of staff turnover

Employees becoming withdrawn and isolated

Assess Risk

Organisational change - restructuresWorkforce characteristics - new

employees, apprentices, trainees, casuals or minority groups.

Workplace relationships – poor communication, lack of consultation

Work systems – lack of policies, staff shortages, poorly defined jobs

Control the Risks

• Consultation• Redesign jobs• Review resources• Mentor programs• Review staffing levels• Review workloads• Provide training esp. supervisors

Control the Risks

Consultation with health and safety representatives and the health and safety committee should precede all proposed

action to reduce the risk

of bullying.

Summary Everyone has a responsibility to ensure the workplace is a bully-free zone.

Employers have a responsibility to: Provide a safe workplace according to the relevant

legislation Provide policies and procedures outlining

processes for dealing with allegations of bullying and harassment

Employees have a responsibility to: Report hazards Participate in consultation and training Promote a culture of dignity and respect

DOES NOT TOLERATE BULLYING

in the workplace.