Bullying in the Workplace

DELEGATE WORKSHEET: Bullying in the Workplace This information brochure is designed to assist delegates, members and health and safety representatives to deal with bullying in the workplace. The focus is on what to expect from your employer about how the hazard of bullying should be identified and prevented.

What is Workplace bullying? Workplace bullying is repeated, unreasonable behaviour directed toward an employee, or group of employees, that creates a risk to health and safety. Within the definition: “Unreasonable behaviour” means behaviour that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten. “Behaviour” includes actions of individuals or a group, and may involve using a system of work as a means of victimising, humiliating, undermining or threatening. Behaviour is considered repeated if an established pattern can be identified. A series of incidents of verbal abuse, deliberate damage to personal property and threats of dismissal would be considered repeated behaviour of a bullying type. “Risk to health and safety” includes risk to the mental or physical health of an employee.

What are some examples of bullying behaviour? When repeated or part of a pattern of behaviour, the following are some examples of what could be considered bullying this is not an exhaustive list  Verbal abuse – inappropriate or offensive comments about people, their appearance, dress, work performance.  Intimidation – threats of the sack or demotion, being constantly put down.  Constant humiliation, constantly being criticised – inappropriate practical jokes and/or rumours.  Psychological harassment – undermining of work performance.  Deliberate alteration of workload to inconvenience particular persons, being overloaded and not enough time to complete tasks.  Deliberate withholding of work-related information necessary for an employee to effectively complete a task.  Exclusion from consultation or work related events.

Legal Standards Employers have a duty of care under Occupational Health and Safety legislation to so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.

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The legislation also imposes a duty upon employers to consult with the health and safety rep about the identification and assessment of hazards and the decisions taken to control the risks of those hazards.

What to expect from your Employer The focus must be on changing the work environment and/or work arrangements to eliminate or reduce as much as possible the exposure to workplace bullying. Workplace bullying is a hazard and must be treated in the same manner that any other workplace hazard is treated. 1.

Demand Consultation.

The employer has a duty to consult with the health and safety rep about identifying whether bullying is a problem in the workplace, how to communicate the message of prevention and ways to successfully implement proposed prevention strategies. The employer is also required to provide employees with information and in the process of consultation provide a reasonable opportunity for employees to express their opinions and take account of those opinions. Developing effective prevention strategies means the health and safety rep and members of Designated Work Group (DWG) have been consulted in a meaningful way about strategies for raising awareness, a prevention policy, procedures for reporting incidents of bullying, procedures for investigating incidents and resolution procedures. Consultation must occur at every stage of the prevention process and must include adequate time and opportunity for the health and safety rep to meet with DWG. 2.

Create Awareness

Convene a meeting of the DWG. The prevention approach assumes that bullying can occur in any workplace given certain circumstances and although bullying may not be recognised as being present, it could still be occurring. Discuss with the DWG any arrangements in place at your workplace to prevent workplace bullying, why workplace bullying is an issue and why its prevention is essential. Awareness raising should communicate to everyone how to recognise bullying, the potential effects of bullying and where to get more information and help or assistance. 3.

Policy Development

The DWG may determine an existing policy needs to be reviewed or updated. The policy should make a clear statement that bullying will not be tolerated in the workplace and should include clear procedures for reporting and resolving incidents of bullying. The policy may be incorporated into existing harassment policy but it should demonstrate employer commitment to prevention and should be specific to your workplace.

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The health and safety rep and DWG should be consulted at every stage of development or review of the policy. If there is no existing policy or the current policy is inadequate the DWG should call upon the employer to implement steps to develop and appropriate policy. 4.

Provision of Information and Training

Bullying is often associated with lack of clarity, skill or knowledge about how employees in positions of leadership and responsibility should execute their role. Employers have a duty to ensure employees are provided with the level of information and training they need to do their job and that any supervisory duties they have in relation to other employees are clear and well understood. As a minimum all employees need detailed information and training about the workplace prevention policy, how to comply with it, strategies used in the workplace to prevent bullying, how to make a report of bullying and how the employer deals with allegations of bullying. 5.

Identifying Risk Factors

It is important to realise that the source of bullying is usually somewhere inside the workplace and is often subtle. There are a variety of risk factors that may give rise to bullying this could include:  An authoritarian style of management  organisational change and uncertainty  minimal participation in workplace decision making  fear of redundancy,  an extremely competitive work environment,  lack of role clarity, training and professional development,  excessive workloads and demands,  no effective procedure or process for issue resolution  A culture of gossiping and exclusion Risk factors can be identified through issues at DWG meetings, health and safety committee, report from the health and safety rep or through the use of workplace surveys. 6.

Controlling the Risk

Consultation between the employer and the health and safety rep should occur prior to any strategies being implemented to control the risk. Preventative measures should target the source of the risk and where this is the management or senior administration, the workplace safety authority and the Services Union should become involved in risk control. 7.

Develop a Workplace Culture of Reporting

People are often reluctant to report bullying. This might be because they are concerned about what will happen to themselves or the other people involved, because they feel disempowered, because they are

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unclear on process or because they are concerned about confidentiality. Creating a culture of confidence in the process of handling bullying matters is therefore extremely important. Reporting procedures should be developed in consultation with the health and safety rep and DWG. The procedures need to be appropriate to the size and nature of the workplace, but above all, employees need to trust and have confidence in the process. A culture of reporting can assist to control the risk by giving the employer an accurate assessment of the extent of the presence of bullying and assist in addressing the issues identified. A reporting culture may also assist in judging the effectiveness of preventative measures already being used and provide swift assistance to employees identifying issues of bullying. 8.

Incident Response

There must be an agreed procedure in the workplace for dealing with allegations of bullying. The procedure must be developed in consultation with the health and safety rep and must be understood and used by all employees who report an incident. Any procedure should incorporate the following elements  

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Direct response – involves a clear request for the behaviour to stop and may be made by the person affected or another person on their behalf. Discussions involving an independent third party – aims to resolve the matter with as little conflict and stress as possible but relies on the consent and agreement of all parties and the recognised independence of the third party. This approach does not suit all circumstances in which an allegation of bullying has been made. Formal investigation – should be conducted by a skilled impartial and independent person that all parties have confidence in making certain the principles of natural justice are observed, the affected parties remain informed of the process and that the investigation and its outcomes are documented. The aim of a formal investigation is to determine whether or not the allegation has been substantiated. Post Incident

The health and safety rep, health and safety committee and DWG should ensure the employer examines and monitors the workplace to identify factors that may have contributed to the bullying situation. Risk management means adopting measures to prevent the issue occurring again, either to the person who reported the incident, or to anyone else.

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HEALTH AND SAFETY REPS – ACTION PLAN TO STOP BULLYING 1.

Collect Evidence

An individual who feels they are being bullied should keep a diary of incidents detailing dates, times and description of what happened and how they were affected. The names of persons present, including witnesses, should also be recorded. Retain any notes, emails, pictures or memos that relate to the incident. As health and safety rep, you may wish to survey the DWG about the presence of risk factors and the condition of the workplace. You are also entitled to access information the employer has about bullying in the workplace. 2.

Contact the Union

The prevention of workplace bullying is Union business. Organisers should be contacted as quickly as possible when bullying is suspected or the health and safety rep considers the employer is not meeting their obligation to identify and prevent bullying from occurring. 3.

Issue Resolution

Be prepared to issue a Provisional Improvement Notice (PIN) if your employer is reluctant to do anything about reported incidents of bullying. You may also issue a PIN in circumstances where the employer is reluctant to consult with you about identifying risk factors or implementing measures to prevent bullying, including the development of policy. 4.

Involve the DWG

Whilst confidentiality is essential to those involved in any incident of alleged bullying, it is important the DWG acts to ensure the employer meets its obligation to provide and maintain a safe workplace. More Information  Worksafe QLD (www.worksafe.qld.gov.au)

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PREVENTING WORKPLACE BULLYING INCIDENT REPORT FORM To substantiate an allegation of workplace bullying the collection of evidence and data is vital. It is important that instances of bullying are reported. You may use this form to report instances of bullying in your workplace. If possible you should report the incident to your employer, health and safety rep and Services Union delegate using this form. If you feel unable to report the incident to any of those persons in your workplace you should complete the report form and fax it to Services Connect on (07) 3846 5046. An Industrial Officer will then contact you to discuss the matter further. You should provide a copy of the incident report form to each person you are reporting to and retain a copy for your own records. Definition: Workplace bullying is repeated, unreasonable behaviour directed toward an employee or group of employees, that creates a risk to health and safety. Employer’s Duty of Care: Health and Safety legislation states an employer must, so far as practicable, provide for employees of the employer a working environment that is safe and without risks to health – this includes an environment free from bullying. Managerial Prerogative: Your employer has the right to control and direct how work is done at the workplace but this must not be done in a way that disregards their duty of care to protect the health and safety of their employees. Sometimes this direction and control may not be done well but this does not necessarily constitute workplace bullying. Legitimate performance management or disciplinary action carried out by the employer through an appropriate and fair process is unlikely to constitute bullying A Single Incident: A single incident does not fit within the definition of workplace bullying. Single incidents which have been reported should not be ignored by an employer as they may indicate they are not meeting their duty of care or that the workplace is at risk of bullying occurring in the near future.

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PREVENTING WORKPLACE BULLYING INCIDENT REPORT FORM Section 1

Your Details

Name: Employer: Preferred email contact address: Preferred telephone contact: Date of Report: Section 2

Source of the Bullying

(Please tick the appropriate box/es)

 Manager  Staff member  Other If the source of the bullying is outside of the workplace please provide further details.

Section 3 Unreasonable Behaviour Behaviour that a reasonable person would expect to victimise, humiliate, undermine or threaten another person. Please report the type of behaviour you are experiencing. Tick as many boxes as required.          

Verbal Abuse Intimidation Being assigned meaningless tasks not related to your job Being isolated or excluded from colleagues Being given tasks which are impossible to complete Being subjected to deliberate roster changes Not being given information vital to effective work performance Psychological harassment Personal possessions being removed or disappearing Other – please provide further details

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Section 4 Repeated Behaviour The behaviour does not always have to take the same form. Rather, it is persistent and established. The bullying behaviour may consist of a variety of diverse forms. How often does the unreasonable behaviour identified in section 3 occur?     

Once per day More than once per day – how many times? Once per week More than once per week – how many times? Other – please provide further information

Section 5

Details of the Incident

Briefly describe what happened

 When did the incident occur?  Was the behaviour direct at other employees as well as yourself?  Yes  No  Who witnessed the incident?  Nobody  Name of witness 1 ________________________  Name of witness 2 ________________________  Name of witness 3 ________________________  Do you have any of the following which may be used to support your allegation?  Email  Letters  Dairy notes and entries  Personal journals Section 6

How was the Incident Reported?

 Have you experienced bullying in this workplace prior to this incident?  Yes  No DELEGATE WORKSHEET: Bullying in the Workplace

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 Have you reported prior incidents of bullying?  Yes – Please provide brief details of when and what the outcome was?  No – Please provide details of why you did not report the incident

 Have you reported the current incident to any of the following persons Yes – Date report was made _______________  WH&S Rep  Delegate  CEO  OHS Officer  Other – please provide further details

 What happened as a result of your report?

No  The CEO is the bully  Nothing will happen to resolve the matter  Afraid the bullying will get worse  Fearful of losing my job  Wish to remain anonymous  Other – please provide further details

 Has the incident been recorded in the Injury Book at your workplace?  Yes  No Section 7

Impact on Health

 Have you sought medical advice or assistance as a result of this or previous incidents?  Yes  No DELEGATE WORKSHEET: Bullying in the Workplace

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 Have you lodged a workcover claim?  Yes – Date you claim was lodged  No  Has your claim been approved?  Yes  No  Describe how your health has been effected as a result of this or previous incidents

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Section 8

Workplace Methods to Prevent Bullying

 Has your employer provided any professional development opportunities to raise the awareness of staff about workplace bullying?  Yes  No  Is there a prevention of workplace bullying policy?  Yes  No  Were staff employees consulted about the development and implementation of the policy?  Yes  No  Does the workplace have procedures for reporting and investigating bullying incidents?  Yes  No  Does the workplace have procedures for the resolution of bullying incidents?  Yes  No  Were employees consulted about the development and implementation of procedures for the reporting, investigation and resolution of bullying incidents?  Yes  No

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