Harassment and Workplace Bullying Policy

  Harassment and Workplace Bullying Policy  Ethical statement: Ipswich Girls’ Grammar School including Ipswich Junior Grammar School is committed to p...
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  Harassment and Workplace Bullying Policy  Ethical statement: Ipswich Girls’ Grammar School including Ipswich Junior Grammar School is committed to promoting courtesy, trust and respect and to a working environment that is free from workplace harassment and sexual harassment. Workplace harassment and sexual harassment are unacceptable and will not be tolerated under any circumstances.

Definition of Workplace Harassment: (1)

(2)

A person is subjected to ‘workplace harassment’(bullying) if the person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by a person, including the person’s employer or a staff members or group of staff members that: (a) is unwelcome and unsolicited; and (b) the person considers to be offensive, intimidating, humiliating or threatening; and (c) a reasonable person would consider to be offensive, humiliating or threatening. Workplace harassment does not include reasonable management action taken in a reasonable way by the person’s employer in connection with the person’s employment.

Definition of Sexual Harassment: (1)

Sexual harassment is any unwelcome conduct of a sexual nature where the purpose has been to offend, humiliate or intimidate, or in circumstances where a reasonable person should have anticipated the possibility. Sexual harassment is unlawful under the Anti-Discrimination Act 1991 whenever and wherever it occurs and whoever is the victim.

Sexual harassment happens if a person: (a) (b) (c)

subjects another person to an unsolicited act of physical intimacy (physical contact such as patting, pinching or touching in a sexual way); makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; makes a remark with sexual connotations relating to the other person. Examples are unwelcome or uncalled for remarks or insinuations about a person’s private life, suggestive comments about a person’s appearance. The victim determines whether the conduct is unwelcome or not. Someone who engages in conduct of a sexual nature takes the risk that an observer may find that conduct to be unwelcome. A reasonable person is expected to understand that within society there are all ranges of sensitivity and acceptance (or other wise) or this type of conduct.

Examples of behaviours: Detailed are examples of behaviours that may be regarded as workplace harassment, if the behaviour is repeated or occurs as part of a pattern of behaviour. The following list outlines some of the more common types of harassing behaviours. • Abusing a person loudly, usually when others are present; • Repeated threats of dismissal or other severe punishment for no reason; • Constant ridicule and being put down; • Leaving offensive messages on email or the telephone; • Sabotaging a person’s, for example, by deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting a person into trouble in other ways; • Maliciously excluding and isolating a person from workplace activities; • Persistent and unjustified criticisms, often about petty, irrelevant or insignificant matters; • Humiliating a person through sarcasm, criticism and insults, in front of parents, administration and other staff members; • Spreading gossip or false, malicious rumours about a person with an intent to cause the person harm.

Examples of conduct that constitutes sexual harassment include: • •

Uninvited physical contact or gestures; Jokes or innuendo;

• • • • • • •

Sex-based insults or taunts; Unwelcome requests for sex; Intrusive questions or insinuations about private life; Unwanted invitations; Sexual comments; Displays of offensive or pornographic material; Offensive communications via email or letters.

Actions that are not Workplace Harassment: Constructive feedback or counselling on work performance or work related behaviour is appropriate and reasonable and does not constitute workplace harassment. Critical comments indicating performance deficiencies do not constitute workplace harassment. Constructively delivered feedback and counselling is intended to assist employees to improve their work performance or the standard of their behaviour. In a work environment, staff members may have conflicts, problems or feel stressed at times throughout each Term. Many of these issues are part of a busy working environment and may not necessarily be workplace harassment (bullying).

Effects of workplace harassment and sexual harassment on people and the School: Workplace harassment and sexual harassment has detrimental effects on people and the School. Impact on individuals: • Affects work performance and opportunities; • Creates an unpleasant and hostile environment; • Lowers morale; • Can cause occupational health and safety problems. Impact on the School: • Increases absenteeism, sick leave and staff turnover; • Lowers staff morale, erodes staff loyalty and commitment; • Creates an unsafe work environment; • Reduces efficiency and productivity.

Workplace strategies to eliminate workplace harassment and sexual harassment: Ipswich Girls’ Grammar School including Ipswich Junior Grammar School will take the following actions to prevent and control exposure to the risk of workplace harassment and sexual harassment: • Provide all workers with workplace harassment awareness training; • Develop a code of conduct for staff members to follow; • Introduce a complaint handling system and inform all staff members on how to make a complaint, options for resolving grievances and the appeals process; • Regularly review the workplace harassment prevention policy, complaint handling system and training.

Responsibilities of staff members: Ipswich Girls’ Grammar School including Ipswich Junior Grammar School requires all members of staff to behave responsibly by complying with this policy, to not tolerate unacceptable behaviour, to maintain privacy during investigations and to immediately report incidents of workplace harassment to: 1. Principal; 2. Deputy Principal 3. Contact Officers; 4. Workplace Health and Safety Officer; 5. Union Representative; 6. Union official. Senior administration members, middle managers and supervisors must also ensure that employees are not exposed to workplace harassment. Senior administration members are required to personally demonstrate appropriate behaviour, promote the workplace harassment prevention policy, treat complaints seriously and ensure when a person lodges or is witness to a complain, that this person is not victimised.

Where staff members can go for assistance: A staff members who is being harassed can contact: 1. Principal; 2. Deputy Principal 3. Contact Officers; 4. Workplace Health and Safety Officer; 5. Union Representative;

6.

Union official.

These people will provide information and assistance in the management and resolution of a workplace harassment complaint.

Commitment to promptly investigate complaints: Ipswich Girls’ Grammar School including Ipswich Junior Grammar School has a complaint handling system which includes procedures for reporting, investigating, resolving and appealing workplace harassment complaints. Any reports of workplace harassment will be treated seriously and investigated promptly, fairly and impartially. A person making a complaint and/or who is witness to workplace harassment will not be victimised. There are a number of options available when an employee believes there has been an incidence of workplace harassment or sexual harassment. The employee can: 1. Take no action. Whilst the employee may take no action, he/she acknowledges that the employer has an overriding obligation to all staff and may choose to take action independently; 2. Approach the contact officer or persons above for advice, support and assistance; 3. Speak to the person who is accused of workplace harassment and, only if feeling safe, ask him/her to stop; 4. Ask a colleague or the contact officer to speak to the person accused of workplace harassment to ask him/her to stop; 5. Make an informal complaint; 6. Make a formal complaint where other approaches are unsuccessful, or the allegations are so serious that other approaches are inappropriate; 7. Make an external complaint with the QIEU or another organisation. A formal complaint can be lodged at any time, however, it will generally be made after other approaches have proven to be unsuccessful/ The formal complaint must be lodged with the Principal. The formal complaint must include: 1. The name of the alleged person; 2. Specific dates and/or times of the alleged workplace harassment or sexual harassment, if possible; 3. A detailed summary of the incident; 4. A summary of the actions already taken by the complainant; 5. A description of any adverse health outcomes, including medical treatment sought. The investigation procedure is as follows: 1. An investigation will be carried out in the event of an informal or formal complaint by an employee. Should an external complaint be made the school will comply with the procedures established by the external organisation. 2. The investigation will be carried out by the Principal and the contact officer or the Deputy Principal. 3. Once a complaint has been made, the investigation will begin no more than two working days of its receipt. The investigation will be completed within five working days. 4.

5. 6. 7.

Separate interviews will be carried out with the complainant, the person against whom the complaint has been made and any witnesses. These persons will be asked to provide details of the alleged workplace harassment or sexual harassment in their own words. It will be important to determine whether or not the alleged behaviour constitutes workplace harassment or sexual harassment. If the behaviour does not constitute workplace harassment or sexual harassment, then it will be important to determine whether the behaviour constitutes another inappropriate behaviour. Any documentation about the complaint will remain confidential, unless the individuals concerned give consent for the information to be used during the interviews. The complainant and the person against whom the complaint has been made have the right to be supported during the investigation, either by a Union representative, colleague or other appropriate person. The complainant and the person against whom the complaint has been made will each receive a report on the outcome of the investigation.

A number of outcomes are possible resulting from the investigation: 1. Dismissal of the complaint where information gathered during the investigation does not support the allegation. Both the complainant and the alleged person may be offered counselling as a result of the incident. Mediation may be conducted between the parties only if both parties consent. 2. Finding that workplace harassment or sexual harassment has taken place. Disciplinary action may include one or a combination of the following: 1. An apology, written or verbal, and an undertaking that the workplace harassment will not occur again; 2. Mediation may be conducted between the parties only if both parties consent; 3. A formal written warning given;

4. 5. 6.

Structured counselling, using either external or internal support. The purpose of the counselling will be to enable the person to recognise and change his/her behaviour. Dismissal as a final resort. In the event of a proven case of sexual harassment, immediate dismissal of the employee may be the only appropriate action.

Legal obligations in relation to workplace harassment and sexual harassment: 1. Under the Workplace Health and Safety Act 1995 a) Employers have an obligation to ensure the health and safety of their workers under Section 28. Under Section 22, health and safety are ensured when people are free from death, injury or illness caused by any workplace, workplace activity or specified high risk plant or risk of death, injury or illness. b) Workplace Health and Safety can be managed by: • Identifying hazards; • Assessing the risk that may result because of hazards; • Deciding on control measures to prevent, or minimise the level of risk; • Implementing control measures; • Monitoring and reviewing the effectiveness of measures. 2.

Under the Anti-Discrimination Act 1991: Where bullying involves acts of discrimination or sexual harassment, a complaint may be lodged under the Queensland Anti-Discrimination Act 1991 and the employer may be held vicariously liable for the action of the employees. Sexual harassment is any form of unwelcome attention of a sexual nature which is humiliating, intimidating or offensive. Discrimination occurs when someone is treated less favourably due to: parental status; religion; political belief or activity; trade union activity; lawful sexual activity; marital status; sex; race; age; impairment; pregnancy; or association with a person having any of the above mentioned attributes.

3.

Under the Workplace Relations Act 1997: Where a worker is dismissed or forced to resign as a result of workplace harassment, the worker may be entitled to make a claim under the unfair dismissal provisions of the Queensland Workplace relations Act 1997.

4.

Industrial Awards: Most industrial awards contain grievance procedures, which can be used in disputes involving workplace harassment.

5.

Industrial Relations Commission: Where a dispute involving workplace harassment is between an employer and a employee, a person can lodge a Notice of Industrial Dispute with the Industrial Relations Commission.

6.

Under the WorkCover Queensland Act 1996: An employee who suffers an injury or disease as a result of workplace harassment can submit a claim for workers’ compensation under the WorkCover Queensland Act 1996. The employee, however, will have to demonstrate that: he/she is suffering from an injury or disease caused by his/her employment; that the employment was the major significant factor causing the injury or disease; and the circumstances do not meet the exclusions in the WorkCover Queensland Act 1996.

7.

Under the Public Sector Ethics Act 1994: The Public Sector Ethics Act 1994 states five ‘ethics obligations’, including ‘respect for persons’. These obligations are intended to provide the basis for the codes of conduct for public officials to be developed by government departments and other public sector entities, such as universities.

8.

Criminal Code: Where workplace harassment involves physical assault or threat of assault, the incident becomes a police matter and is dealt with under the Queensland Criminal Code. Section 346 of the Criminal Code states: any person who assaults another with the intent to hinder or prevent him/her working or exercising his/her lawful trade, business or occupation, or from buying, selling or otherwise

dealing with any property intended for sale, is guilty of an offence and is liable on summary conviction to be imprisoned with hard labour for three months. 9.

Common Law: An employer is under a duty to protect employees from workplace harassment. This duty exists: a) in tort, for example negligence- failure to provide a safe workplace b) as an implied term in the employment contract that the employer would not, without reasonable cause, destroy or seriously damage the relationship of trust and confidence between employer and employee. Under Common Law, employers who do not take suitable precautions to protect employees from workplace harassment may be liable for any physical or psychological injury suffered by the victim.

Review of policy: This policy and the actions outlined above will be reviewed by December of each year, unless required earlier because of changes to the risk profile of the workplace or relevant legislation. If necessary, further changes and actions may be introduced to ensure that workplace harassment is prevented and controlled.