Physical contact in the workplace is never appropriate. Even seemingly minor actions, such as adjusting a colleague’s clothing without consent, can constitute harassment. These behaviours, whether physical or verbal, undermine trust and create a hostile environment.
When does a form of touch become harassment or bullying? It can be as little as a brief touch or it can be something more such as kissing, hugging and touching another person’s body. It can be verbal such as commenting on somebody’s appearance or smell.
A lack of complaint does not negate the possibility of harassment or bullying.
The Model Code of Conduct for Local Government in NSW provides-
General conduct
3.1 You must not conduct yourself in a manner that:
- a) is likely to bring the Council or other Council Officials into disrepute
- b) is contrary to Statutory requirements or the Council’s Administrative requirements or Policies
- c) is improper or unethical
- d) is an abuse of power
- e) causes, comprises or involves intimidation or verbal abuse
- f) involves the misuse of your position to obtain a private benefit
- g) constitutes harassment or bullying behaviour under this code or is unlawfully discriminatory.
3.2 You must act lawfully and honestly and exercise a reasonable degree of care and diligence in carrying out your functions under the LGA or any other Act. (section 439).
What constitutes harassment?
Harassment can be as little as commenting on somebodies’ appearance and in one case recently it was considered harassment because a staff member adjusted the tie of another employee without consent, the employee concerned felt intimidated as the more senior employee made comments about the tie not being straight then without permission adjusted the tie whilst making comments about his appearance. The Council conducted an investigation and found that this constituted harassment.
The Model code defines harassment as follows-
Harassment and Discrimination
3.6 You must not harass or unlawfully discriminate against others, or support others who harass or unlawfully discriminate against others, on the grounds of age, disability, race (including colour, national or ethnic origin or immigrant status), sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding, sexual orientation, gender identity or intersex status or political, religious or other affiliation.
3.7 For the purposes of this code, “harassment” is any form of behaviour towards a person that:
- a) is not wanted by the person
- b) offends, humiliates or intimidates the person, and
- c) creates a hostile environment.
Bullying
3.8 You must not engage in bullying behaviour towards others.
3.9 For the purposes of this code, “bullying behaviour” is any behaviour in which:
- a) a person or a group of people repeatedly behaves unreasonably towards another person or a group of persons, and
- b) the behaviour creates a risk to Health and Safety.
3.10 Bullying behaviour may involve, but is not limited to, any of the following types of behaviour:
- a) aggressive, threatening or intimidating conduct
- b) belittling or humiliating comments
- c) spreading malicious rumours
- d) teasing, practical jokes or ‘initiation ceremonies’
- e) exclusion from work-related events
- f) unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level
- g) displaying offensive material
- h) pressure to behave in an inappropriate manner.
The Union has a strong ethical stance on people who harass, bully and intimidate our membership. If somebody is found to have breached the Model Code, then depending on the circumstances the best that the individual can expect from the Union is a negotiated exit from the Council.
Both the NSW IRC and Fair Work Australia have little tolerance for individuals who bully, harass and/or intimidate others in the workplace and generally will not reinstate if terminated if found to be guilty of such behaviour.
The NSW IRC has had legislative amendments where fines can be issued up to $100,000 against employers who allow Sexual Harassment to occur at the workplace. In recent times there have been several employers who have had penalties applied by the IRC.
Every employee has the right to a safe and respectful workplace.
