Presented by

Zoran Bukarica - OHS Officer

23 Sept. 2013

OVERVIEW

Definitions and terminology (overlap with other laws)

The Challenges

Assistance for members who are experiencing bullying

Bullying Reporting form

Internal Process for dealing with Bullying Allegations (Flowchart)

Managing Conflicts of interest

Assisting a member to defend bullying allegations

Role of the OHS Bullying & Harassment Officer

Information and Education

ANMF’s Commitment

WHAT IS BULLYING?

WorkSafe Victoria definition (October 2012)

“characterised by persistent and repeated negative behaviour directed at an employee(s) that creates a risk to health and safety”

EXAMPLES OF BULLYING

There are a broad range of direct and indirect bullying behaviours:

abusive, insulting comments or offensive language (incl. face-to-face, phone, email, text msg’s, social media) humiliating or putting someone down in front of others

spreading malicious rumours or misinformation about

someone

EXAMPLES OF BULLYING

changing work rosters and leave, to deliberately inconvenience a particular employee(s)

deliberately excluding someone from workplace activities

excessive scrutiny at work, unjustified criticism or complaints

setting unreasonable timelines or constantly changing deadlines

setting tasks that are unreasonably above or beyond a person’s skill level

withholding information that is vital for effective work performance

WHAT IS NOT BULLYING?

A single incident of negative behaviour

Low level workplace conflict

Reasonable management actions (if carried out in a fair and reasonable manner)

WHAT IS NOT BULLYING?

Examples of Reasonable Management Actions: setting performance goals, standards, deadlines

rostering and allocating working hours

transferring a worker for operational reasons

deciding not to select a worker for promotion

informing a worker about unsatisfactory work performance if undertaken as per Agreements, such as performance management guidelines

informing a worker about inappropriate behaviour in objective, confidential way

implementing organisational changes or restructuring

termination of employment

TERMINOLOGY

Use of appropriate terminology and distinction between these related concepts is really important:

Harassment - “unwelcome behaviour that offends, humiliates or

intimidates a person because of a particular personal characteristic protected by anti-discrimination laws”(i.e. race, age, gender, disability, religion, sexuality)

Discrimination

Direct discrimination - unfavourable treatment because of a ‘protected’ attribute in an area of public life

Indirect discrimination occurs where a requirement, condition or practice disadvantages a person with a protected attribute

THE CHALLENGES

Downwards bullying from managers with authority over staff (power position) very common in health sector workplaces

Embedded bullying culture common in smaller workplaces incl. aged care facilities

Difficulties for staff to raise their bullying complaint against a D.O.N if their bullying behaviour is condoned by CEO & Board

Members are often forced to accept what is happening or eventually resign and many leave the profession

ASSISTANCE FOR MEMBERS WHO ARE

EXPERIENCING BULLYING

Advice and information provided by Info. Line

Referred to Organiser - assess allegations, assist with formal complaint or investigation process

Encouraged to seek counselling at Nursing and Midwifery Health Program (NHMP)(Initiative of the Nurses Board of Victoria and ANMF (VB))

Encouraged to submit Workers Compensation claim for psychological injury

THE PROCESS

Managing Bullying Complaints flowchart ANMF initial contact – via Info Line, Organiser

Lodging workplace complaints, pursue investigation

Lodging WorkSafe complaints

Application for internal review

ANMF INITIAL CONTACT

Part 1 - ANMF Initial Contact 1. Has the member documented details of the alleged incidents? E.g. Diary of events with dates, times and witnesses?

Refer to Bullying Reporting Form

WORKPLACE POLICIES AND PROCEDURES Always encourage member to obtain workplace policies

on bullying and issue resolution/grievance procedure

Formal complaint should be made in accordance with Bullying policy

Often complaint is not handled in appropriate manner or in accordance with policy – we can then refer to policy

What if there is no policy?

BULLYING REPORTING FORM Assists members to document details of their

bullying incidents in an appropriate format Incl. date, time, location, witnesses, what happened, action

taken and any accompanying supporting documentation

Assists ANMF staff to assess bullying complaint Does alleged behaviour fall within the definition of workplace

bullying (or is it reasonable management action)?

Does the behaviour look like harassment or discrimination or something else?

LODGING WORKPLACE COMPLAINTS

THE COMPLAINT

Essential that the complaint be well written, using a structured, chronological outline

Quality of complaint can impact on investigation outcome

Should only include relevant details

Should avoid any emotive and inflammatory language

Should be written objectively and factually

INITIAL MEETING/DURING

INVESTIGATION

Role of ANMF

Distinction between support person and representative

Support during process

AFTER THE INVESTIGATION

Review of outcome and investigation process

Review of planned action

Negotiation of appropriate action following outcome Even if allegations are unsubstantiated, management

action may still be appropriate

Creative solutions may be required to resolve issues

LODGING WORKSAFE COMPLAINTS

APPLICATION FOR INTERNAL REVIEW

MANAGING CONFLICTS OF INTEREST

Inter-member disputes

Referred to relevant Industrial Officer for delegation to another Organiser or the OHS B&H Officer, where required

The ANMF’s role is not to take sides in inter-member bullying issues

ASSISTING A MEMBER TO DEFEND

BULLYING ALLEGATIONS Obtain copy of Bullying policy

Allegations must be specific in nature

Request copy of allegations and relevant details

Assist with responding to allegations

Ensure procedural fairness for investigation

ROLE OF ANMF OHS BULLYING &

HARASSMENT OFFICER

Provide advice to Organiser during process Review the allegations and determine if they constitute bullying or not

Provide advice of appropriate next steps

Attend meetings with member if required by the Organiser

Determine whether the investigation process was appropriate

Determine whether the planned actions are appropriate

Review the workplace Bullying policy and procedures

Review whether appropriate to contact WorkSafe to make complaint or not

ROLE OF ANMF OHS BULLYING & HARASSMENT OFFICER …CONT

Write to the employer when investigation/outcome/planned actions are problematic

Attend meetings with employer to negotiate appropriate actions to resolve the bullying issues

Consideration of injury to employment as result of making complaint

? s242AA Accident Compensation Act action

? s76 OHS Act action

Legal referral to ANMF lawyers where indicated

INFORMATION AND EDUCATION

Information and Advice

ANMF (Vic Branch) Info. Line provide advice and information

Workplace Bullying Policy

Guide to Assist members – Workplace Bullying (on-line)

Bullying Information Packs (sent out to member)

Brochure, Articles in newsletters

Education and Awareness

Seminars for Prevention of workplace bullying (x2 per year)

Professional issues conference

WorkSafe Approved HSR training provider

ANMF‘S COMMITMENT

The ANMF (Vic Branch) believes that bullying behaviour is not acceptable and should not be tolerated in any workplace.

Everyone at the workplace has a responsibility to ensure that bullying does not occur

Everyone should be expected to work and behave professionally and treat each other with tolerance, dignity and respect