BULLYING & HARASSMENT

The Energy, Utilities, Airlines and Private Sector (EUPS) branch of the USU
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The WHS Act and Regulations require persons who have a duty to ensure health and safety to ‘manage risks’ by eliminating health and safety risks so far as is reasonably practicable.

Everyone in the workplace deserves to be treated with dignity and respect.  No one should suffer bullying or harassment whilst going about their work.  Dignity and respect requires a certain behavioural culture.

Workplace bullying is generally defined as unwanted, inappropriate or aggressive or unreasonable behaviour in the workplace.  Workplace bullying can happen to anyone and may include components of harassment or discrimination directed towards an employee, or a group of employees.  Bullying can cause psychological injuries such as anxiety and depression and can indirectly cause physical injuries. 

How Bullying Harassment and Discrimination can be present in a workplace

Behaviour that could be considered as workplace bullying includes…

  1. Being overloaded with work, or not being given enough work to do
  2. Being required to perform tasks without proper training or instruction
  3. Compulsory over time, unfair rostering, allocation of work or being asked to perform non-related tasks
  4. Being excessively supervised, criticised, subjected to constant ridicule and being put down
  5. Damage or interference with personal belongings, sabotage or undermining of work
  6. Shouting, language that frightens people or using abusive language targeting someone, usually when others are present
  7. Open or implied threat of sack, or demotion or being pressured to resign
  8. Oppressive or unhappy work environment
  9. Pressure on employees not to speak up about conditions, unacceptable behaviours or health and safety
  10. Leaving offensive messages on email or the telephone
  11. Maliciously excluding and isolating a person from workplace activities
  12. Humiliating a person through gestures, sarcasm or racism often in front of customer, management or other workers
  13. Spreading gossip, false or malicious rumours about a person with intent to cause damage to the persons employment or reputation
  14. Being exposed to inconsistent or arbitrary enforcement of rules

There are bound to be occasional differences of opinion, conflicts and problems in working relationships – these are part of working life.

That said, if the workplace behaviour is repeated, unwelcomed and unsolicited, and offends, humiliates, intimidates or threatens a person, then workplace harassment exists.

Under the WHS Act, your employer, so far as is reasonably practicable, is responsible for the provision and maintenance of a work environment without risks to health and safety.

Also under the WHS Act:

  • an ‘employer’ is known as a ‘person conducting a business or undertaking (PCBU)’;
  • an ‘employee’ is known as a ‘worker’ and includes employees, contractors, apprentices, trainees, students, labour hire personnel and volunteers;
  • an ‘officer’ refers to a person who makes decisions, or participates in making decisions that affect the whole or a substantial park of the business or undertaking and has the capacity to significantly affect the financial standing of the business or undertaking. Under the legislation, an Officer is to exercise its due diligence to ensure health and safety obligations under the WHS Act and Regulations.

Each party has a duty under the WHS Legislation to maintain a workplace free from bullying and harassing behaviour.

It is important to recognise the difference between bulling and harassment, and a reasonable and lawful instruction.

Acceptable actions could include:

  • legitimate performance management processes
  • legitimate action taken to transfer or retrench a worker in an appropriate manner
  • justified decision not to provide a promotion in connection with a workers’ employment
  • disciplinary procedures for proven misconduct
  • legitimate managed business practices, such as, workplace change or restructuring conducted in consultation with the workers and their representatives
Workplace harassment behaviour Have you seen or experienced this?
Being overloaded with work, or not being given enough work to do YES                               NO
Being required to perform tasks without proper training or instruction YES                               NO
Being required to perform tasks without proper training or instruction YES                               NO
Compulsory over time, unfair rostering, allocation of work or being asked to perform non-related tasks YES                               NO
Being excessively supervised, criticised, subjected to constant ridicule and being put down YES                               NO
Damage or interference with personal belongings, sabotage or undermining of work YES                               NO
Shouting, language that frightens people or using abusive language targeting someone, usually when others are present YES                               NO
Open or implied threat of sack, or demotion or being pressured to resign YES                               NO
Oppressive or unhappy work environment YES                               NO
Pressure on employees not to speak up about conditions, unacceptable behaviours or health and safety YES                               NO
Leaving offensive messages on email or the telephone YES                               NO
Maliciously excluding and isolating a person from workplace activities YES                               NO
Humiliating a person through gestures, sarcasm or racism often in front of customer, management or other workers YES                               NO
Spreading gossip, false or malicious rumours about a person with intent to cause damage to the persons employment or reputation YES                               NO
Being exposed to inconsistent or arbitrary enforcement of rules YES                               NO

 

If you answered YES to any of the above, then workplace bullying and harassment exists.

Work-related psychological health and safety

Workplace bullying & harassment can have a detrimental & negative affect on your Psychological health and safety at work.

A stress response is the physical, mental and emotions reactions that occur when a worker perceives the demands of their work exceed their ability or resources to cope.  Work-related stress is prolonged and/or severe can cause both psychological and physical injury.  However, stress itself does not constitute a physical or psychological injury.

As a worker, you are may be exposed to a combination of psychological hazards; some may always be present, while others only occasionally.

Common psychological hazards and factors can include:

  • High job demands – long work hours, high work load with insufficient time to complete, exposure to traumatic events or work-related violence, shift work leading to higher risk of fatigue, frequently working in unpleasant or hazardous conditions.
  • Low job demands – too little to do, or, highly repetitive or monotonous tasks
  • Low job control – Workers have little control over aspects of the work including how or when a job is done.
  • Poor support – Tasks or jobs without adequate emotional support from supervisors & co-workers, inadequate information or training to support work performance, inadequate tools, equipment & resources to do the job.
  • Poor workplace relationships – workplace bullying, harassment, sexual harassment. Conflict & poor relationships between workers, management, supervisors, co-workers and clients or others.
  • Low role clarity – conflicting job roles, responsibilities, or expectations, important task information not being provided, uncertainty about or frequent changes to tasks and work standards.
  • Poor organisational change management – inadequate consultation and communication about change, not enough practical support during transition times.
  • Low recognition and reward – lack of positive feedback, lack of opportunity for skills development, imbalance between effort and formal/informal recognition & rewards.
  • Poor organisational justice – Inconsistent application of policies/procedures, unfairness or bias in decisions about allocation of work and resources, or, poor management of underperformance.
  • Poor environmental conditions – exposure to poor quality or hazardous working environments.
  • Remote work – Work at locations where access to resources and communications is difficult and travel times may be lengthy.
  • Isolated work – no or few other people around.
  • Violent or traumatic events – a workplace incident involving exposure to abuse, threat of, or actual harm that causes fear and distress, and/or physical injury/

Thinking about consistent expectations placed on you by your employer, how likely do you think that you have been exposed to the following psychological hazards and factors?

Psychological hazards and factors

Have you seen or experienced this?

High job demands

YES                               NO

Low job demands

YES                               NO

Low job control

YES                               NO

Poor support

YES                               NO

Poor workplace relationships

YES                               NO

Low role clarity

YES                               NO

Poor organisational change management

YES                               NO

Low recognition and reward

YES                               NO

Poor organisational justice

YES                               NO

Poor environmental conditions

YES                               NO

Remote work

YES                               NO

Isolated work

YES                               NO

Violent or traumatic events

YES                               NO

 

If you answered YES to any of the above; your (or a co-workers’) Psychological health and safety at work may be suffering.

Prevention in the workplace

Where possible, try to resolve the situation within your workplace.

You can begin this process by following these steps:

  • checking if your workplace has an anti-bullying policy and reporting procedure and following it
  • if you feel safe and comfortable, telling the other person that you object to their behaviour and asking that it stop
  • talking to someone, eg your supervisor, manager, health and safety representative (HSR) or union representative, about what you are experiencing and what you can do about it.

If by speaking to someone about the situation and it is either not resolved, or escalates, you can continue to process by following your employer’s Dispute Settlement Procedure (DSP). 

You can also lodge an Incident Report Form’ with your employer, to accompany any local action you may take in the DSP process.  The USU recommends this form and a completed copy should be sent to your immediate supervisor, your workplace Human Resources contact, an  elected workplace Health & Safety Representative (if there is one) and your Union Organiser or the Union Office c/- united@usu.org.au

If a DSP is not in place in your workplace (Award, Enterprise Agreement or Other), here are guidelines on the process to follows:

Step 1:  First employee(s) and/or any employee representative meet(s) with the employee’s direct supervisor to discuss a problem.

The supervisor listens carefully to the employee(s) (and/or their representative) and together they try to resolve the dispute. If the supervisor and employee are unable to resolve the dispute or it is not appropriate that the supervisor deal with it, the matter should be referred to senior management.

Resolution, or See next:

Step 2:  Senior management listens to the employee’s concerns and either resolves the dispute or refers the matter to more senior management.

Resolution, or See next:

Step 3:  More senior/national officers listen to the employee (and/or their representative) and attempt to resolve the dispute. It is either resolved or referred to an independent body.

Resolution, or See next:

Step 4:  An independent conciliator or mediator (for example the Fair Work Commission) assists to resolve the dispute

Final Step: Resolution:  Problems are solved and healthy working relationships are maintained.

What is dispute resolution?

Dispute resolution refers to the processes by which disputes are brought to an end. This can occur through:

  • a negotiated outcome, where the parties concerned sort out things themselves
  • a mediated outcome, where the parties use the services of an independent mediator to help them arrive at their own agreement, or
  • an arbitrated or adjudicated outcome, where an independent arbitrator or court determines how the dispute is to be resolved and makes a binding decision or order to this effect.
What is Reasonable Management Action?

What are Performance Improvement Plans?

Performance improvement Plans or PIPs are documents designed to facilitate constructive discussions between an employee and their Manager about Performance improvement and give the employee the opportunity to improve their performance.

A PIP is implemented when a Manager believes it becomes necessary to help an employee improve his or her performance.

The Manager with the input from the employee develops the PIP;

The purpose of the activities outlined is to help the employee to attain the desired level of performance.  Activities included can be;

  • Additional training
  • Coaching and or mentoring
  • Reading policies/procedures
  • Additional resources such as employee handbook

PIPs usually last 30, 60 or 90 days depending on how long it would reasonably take to improve the specific issue.

Information on what should be included in the PIP should be;

  • Information on what acceptable performance levels are and how the employees current performance is deficient
  • Specifics regarding the unacceptable performance should be given including dates, data and detailed explanations
  • The position description should be attached and any relevant policies and procedures to further clarify expectations.
  • Guidance on what Management will do or provide to assist the employee in achieving these goals, such as additional resources such as employee handbook, training or coaching
  • Details on how often the Manager and employee will meet to discuss progress. This may vary depending on the circumstances
  • Clearly stated consequences for not meeting the objectives of the plan. Options should be in line with the organisations disciplinary policy.

Human Resources should review the plan with a focus on removing any bias against the employee;

  • Is the performance issue clearly stated and well substantiated
  • Are the objectives for the time frames reasonable?
  • Has the employee been provided with proper tools and training needed to improve?

The key to this step is to ensure that the plan is attainable and fair and not just a means to terminate on the employee.

The Manager should meet with the employee to discuss the plan and expectations.  The employee should be allowed to take along a Union Delegate to the meeting.

Employee feedback should be encouraged to help identify areas of confusion and to help foster ownership.  Managers should be open to changes based on the employees input.

The Manager should also convey his or her own commitment to plan and to the employee’s success.

After fully discussing the plan, the Manager may make modifications based on employee feedback.

Once Human Resources has reviewed the changes, the final plan should be signed by both the Manager and the employee and forwarded to Human Resources for approval.

The Manager should ensure all progress meetings are scheduled and occur on time.

Cancelling meetings or showing up late would convey a lack of importance and commitment on the mangers part.

Progress towards goals should be documented and discussed seeking to identify why improvements have or have not been made.  If gaps in training or required tools become apparent, the Manager needs to ensure these are given to the employee as soon as possible.  This also needs to be recorded in the PIP.

The Manager should encourage the employee to lead these meetings, to self-report on how they believe they are doing and what realisations they might have made, or what else they feel they need to succeed.

Successful progress made toward the goal should be recognised as a means of motivating the employee to continued improvement when the employee has responded positively by meeting plan objectives.

The Manager should formally close the PIP, recognise the employee’s success.  The manager must be sure the employee understands that continued good performance is expected.

If the employee is committed to improvement but falls short of the objectives within established timeline, the plan should be extended the plan to give the employee a bit more time to succeed.

Additionally, if objectives were found, in retrospect, to not be realistic or fully within the employee’s control, the plan might be ended successfully, based on improvements achieved.

If an employee is unable to improve or if their performance worsens then an evaluation needs to occur and the Manager with consultation with Human Resources may need to close the PIP and consider other available options.

The employee at any stage shall be allowed to be supported by a Union Delegate or Official.

If you have any questions or require any additional information regarding this process please contact the United Services Union and we will be only too happy to assist.

If you are not a union member and would like to join you can do so at usu.org.au/join.

 

If you don’t feel comfortable talking to anyone in your workplace, or if discussions break down, there are people and organisations who can support and advise you.
  • Your Union – the United Services Union on 1300 136 604
  • Your Union Workplace Delegate
  • Your Union Organiser
If you need emotional support, the following services offer phone and online support:
  • Lifeline on 13 11 14 – 24-hour counselling service providing emotional support in times of crisis
  • Beyond blue on 1300 22 4636 for mental health support and advice
  • Mental Health Line on 1800 011 511 – 24-hour support service across NSW that can connect you with a mental health professional

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