1. DIGNITY & RESPECT IN THE WORKPLACE
The Respect in the Workplace Package is a NSW Public Sector Workforce Office initiative funded by NSW WorkCover as part of the WorkCover Assist program.
The package has been developed by a working party comprised of membership from Public Sector agencies and their respective Unions.
It is designed to assist both employers and employees to implement the Dignity and Respect in the Workplace Charter and guidelines in ALL workplaces.
Preventing Workplace Bullying 1

2. DIGNITY & RESPECT IN THE WORKPLACE
Outcomes
Define bullying & its effects
Outline responsibilities of employees & managers
Raise awareness of procedures to deal with bullying
Raise awareness of procedures to prevent bullying

3. DIGNITY & RESPECT IN THE WORKPLACE
The Dignity and Respect Charter requires the PSA to have and maintain a positive behavioural culture.
Everyone in the workplace, irrespective of their position, deserves to be treated with dignity and respect. No-one should suffer bullying, harassment or discrimination while going about their work.
Bullying behaviours put at risk the health, safety and wellbeing of all employees. DET is a signatory to the PSWO’s Dignity and Respect in the Workplace charter and has adopted a policy of ‘zero tolerance’ to bullying or harassment at work.
Respectful workplaces are generally more productive, have good morale and a positive workplace culture. 3

4. is committed to a workplace that provides dignity and respect to its employees.

5. How does management support a respectful workplace?
build & support teams.
ensure communication, feedback, supervision, workload planning
being enthusiastic & positive
model cooperative & collaborative working relationships,
acknowledge good work & value staff.
Resolve difference / conflicts quickly and face-to-face if possible.

6. How do staff support a respectful workplace?
Contribute constructively to a team environment
Respect and co-operate with co-workers.

7. What does a respectful workplace look like?
Management who are supportive & approachable, & regularly meet with employees.
A culture of active support for training & professional development
Acknowledgement & recognition for good work by staff.
Constructive relationships between the organisation & Union representatives.
Before we work out how to establish and maintain such a workplace, we need to look at some of the behaviours that are acceptable and unacceptable.

8. Defining Workplace Bullying
* WorkCover 2008 Preventing and dealing with workplace bullying – A Guide for Employers and Employees
Is behaviour that is usually repeated,
that is inappropriate, unreasonable
and possibly aggressive
and that creates a risk
of physical and/or psychological harm.
Workplace bullying generally meets the following 4 criteria:
It is Repeated
It is Unwelcome & unsolicited
The recipient considers the behaviour to be offensive, intimidating humiliating or threatening
Based on the available information the behaviour would be considered to be offensive, intimidating humiliating or threatening to the individual it is directed at, or, for that matter, others who are witness to or are affected by it.
‘Repeated’ refers to the persistent nature of the behaviour, rather than the specific form it takes.
Behaviour is usually ‘repeated’ if an established pattern can be identified. It may involve a series of diverse incidents ranging from verbal abuse to deliberate damage to personal property…eg. verbal abuse, followed by isolation and subsequently, being unreasonably denied training opportunities.
It includes behaviour that a reasonable person would consider would embarrass, intimidate, degrade, humiliate, isolate, undermine or threaten.
Intended:
where actions were intended to humiliate, offend, intimidate or distress, whether or not the behaviour did in fact have that effect.
Unintended:
which although not intended to humiliate, offend, intimidate or distress, did cause and should reasonably have been expected to cause that effect.
Case study – Maria - Personal assistant in a regional centre - had good relationship with previous boss but he retired & was replaced with somebody from outside the region. This person Roger would simply dump work on Maria’s desk & gruffly say he wanted it at 5pm or else! Maria had carers responsibilities and would leave work at 4:30pm. After a few episodes of this treatment Maria was feeling quite angry at her treatment & began to lose interest in her work. Eventually she decided to talk to Roger about his treatment of her. He was quite startled to realise how his manner affected her but accepted that it was not good for staff morale and made a conscientious effort to treat Maria as a respected member of the team. She began to enjoy her work again & was able to develop a good working relationship with Roger.
Workplace bullying creates a risk to workers health and safety. 8

9. Single Incidents A single incident of unreasonable behaviour
may not be considered bullying.
It should not be condoned or ignored.
Single incidents of “unreasonable behaviour” should not be ignored or allowed. It can be distressing for the individual and can still cause injury. Employees subjected to this behaviour should deal with single incidents by using formal or informal grievance or complaints procedures.
Employers should treat single incidents of Unreasonable Behaviour as warning signs and take preventative action. Employers also have a responsibility to report any incidences of violence to the police.
Intervention should occur to ensure that these incidents do not escalate. This will help prevent future incidents occurring.
Depending on the circumstances, a single incident of Unreasonable Behaviour may be an offence under the Anti-Discrimination Act 1991.
An incident of any type of assault should be reported to police and dealt with by the law – it’s still a criminal act! 9

10. Defining Workplace Bullying
What constitutes bullying behaviour?
Abuse - Verbal , physical, emotional
Unfair use of workplace systems eg. rosters
Workplace/social exclusion
Practical jokes
There are bound to be some problems in working relationships - differences of opinion may occasionally lead to conflict – this is part of working life.
However, if the conflict becomes behaviour that is repeated or offensive, unnecessary or deliberate and unprovoked and is used to intimidate, humiliate, or threaten a employee – then workplace bullying exists.
Break into groups. Each group has been given a case study of a particular workplace scenario. Read your scenario and as a group identify which behaviours may be considered bullying.
(10 minutes group discussion time)
ABUSE
WORKPLACE SYSTEMS
Being overloaded with work, or not being given enough work to do;
Being required to perform tasks without proper training or instruction, and which may place an employee at risk from injury;
Unreasonable overtime, unfair rostering, allocation of work or being asked to perform non-work related tasks;
Being excessively supervised or criticised;
Subjected to constant ridicule and being put down in front of co-employees;
Damage or interference with personal belongings, sabotage or undermining of work;
Being the victim of loud and abusive, threatening or derogatory language usually when co-employees are present;
Open or implied threat of the sack, or demotion or being pressured to resign;
Creation of an oppressive and/or unhappy work environment to coerce or intimidate employees;
Intimidation or threats to employees not to report or complain about conditions, unacceptable behaviours or health, safety and welfare;
Leaving offensive messages on or by telephone;
Maliciously excluding and isolating a person from workplace activities, and promotional opportunities;
Humiliating a person through gestures; sarcastic, racist or derogatory comments, often in front of clients, management or co- employees;
Spreading gossip, false or malicious rumours about a person with intent to cause damage to a employee’s employment or reputation;
Inequitable use of performance management. 10

11. Defining Workplace Bullying
What DOES NOT constitute bullying behaviour?
Occasional differences of opinion etc in working relationships
Reporting professional difficulties with other staff
Reasonable managerial processes
There are bound to be some problems in working relationships - differences of opinion may occasionally lead to conflict – this is part of working life. 11

12. Reasonable Managerial Action
Reasonable managerial action must be conducted in line with established policies.
It must be fair & equitable.
There are certain managerial actions that need to be carried out by managers and supervisors to ensure a productive and functional work environment. These legitimate actions must be carried out in a reasonable manner with regard to positive interpersonal communication.
Workplace Management Polices and Procedures should ensure equitable treatment and natural justice for the person subject to managerial actions.
Appeal mechanisms should be available to allow an independent consideration of any allegations of bullying and harassment made by the person who is the subject of managerial action. 12

13. Reasonable managerial action
Legitimate performance management processes
Action taken to transfer, make redundant or terminate an employee in a fair and equitable manner
Justified decisions not to promote
Disciplinary procedures for proven misconduct
Managed business process, such as workplace change or restructuring conducted in consultation with employees and their representatives
It is important to differentiate between a person’s legitimate authority at work – and harassment or bullying. All employers have a legal right to direct and control how work is done and managers have a responsibility to monitor workflow and give feedback on performance.
Feedback or counselling on work performance and/or behaviour differs from bullying. Feedback or counselling is intended to assist staff improve work performance and/or the standard of their behaviour. Any performance problems should be identified and dealt with in a constructive way that is not humiliating or threatening.
Disciplinary/grievance processes outlined in relevant enterprise bargaining agreements, industrial awards or other arrangements should be followed.
If your organisation has a policy on the cessation of a performance management process where a complaint on bullying has been lodged, this may be highlighted during discussion. 13

14. Individual Team Organisation Family/Community Effects of Bullying?
Group exercise
How might the effects of bullying manifest in the individual?
Bullying can have similar effects on those witnessing the behaviours as it does on those experiencing the behaviours first hand.
Bullying can be disruptive to team functioning & harmony.
Bullying can have an adverse impact on organisations as well as individuals.
Similarly, How might an organisation be affected by incidents of bullying? 14

15. Workplace Bullying IS a Problem for Individuals
Each individual will react differently to bullying behaviour. The effects are many and varied.
High levels of stress
Anxiety, panic attacks and depression, insomnia
Ill health, headaches, nausea
Loss of self esteem and confidence, feelings of social isolation
Reduced work performance, incapacity to work
Deteriorating relationships with family and friends
Hostility, aggression
Apathy, lethargy
Not just the target but may include others such as witnesses.
Whole group brainstorm. 15

16. Workplace Bullying IS a Problem for Teams
Can destroy team cohesion.
Reduce productivity
Affect team morale 16

17. Workplace Bullying IS a Problem for Organisations
High levels of absenteeism and staff turnover
Breakdown of team and work relationships
Poor public image if a “difficult place to work”
Reduced efficiency, productivity and profitability
Increased costs - counselling, mediation & compensation claims & premiums, industrial activity, recruitment and re-training of new staff
Potential litigation 17

18. Procedures to Deal with Bullying
Legislation
Policies & Guidelines
Reporting
Addressing & Investigating
Resolution 18

19. Source : Employer First website
Legislation
“Employers can face legal action for bullying under a wide range of laws; criminal, OHS, anti discrimination and workers compensation as well as personal injury liability and breach of contract.”
Source : Employer First website 19

20. NSW and Federal Legislation
Anti-discrimination legislation
Federal Human Rights Equal Opportunities Commission Act 1986
NSW Anti Discrimination Act 1977
Occupational Health & Safety Legislation
NSW OH&S Act 2000
NSW OH&S Regulation 2001
There is both Federal and State Legislation under which bullying behaviours may be dealt.
No legislation in NSW specifically mentions bullying.
Any behaviour that discriminates against a person or group of people on the basis of:
sex
Pregnancy
Race, colour, nationality, descent, religion,
Marital status
Sexuality
Disability
Age
Carer’s responsibility
is unlawful under the NSW Anti discrimination act.
Political opinion
Social origin (class)
Medical record
Criminal record
Trade union activity
is unlawful under the Federal Human Rights Equal Opportunities Commission Act
Victimisation
The Discrimination law also protects people from victimisation if they have complained of sexual harassment, racial vilification or discrimination in the workplace.
OH&S regulations in NSW relate to ALL workplaces. In particular, Clause 9 of the Regulation requires all Employers in NSW (regardless of size) to identify workplace risks – violence and psychological hazards are defined as workplace risks. 20

21. NSW OH&S Act 2000
S.3 Objects Promote S&H work environment…. that is adapted to physiological & psychological needs
S. 8 (1) An employer must ensure the health, safety and welfare at work of all employees
OH&S legislation
Employers have a responsibility under the legislation to provide a safe workplace.
Employers, in order to meet their primary ‘duty of care’ obligations under the OH&S Act and the Regulation, have an obligation to conduct risk assessments to ensure risks from hazards, including bullying, are appropriately managed (Cl.9-11).
The only way to eliminate these risks is to have policies and procedures that promote dignity & respect in the workplace.
These policies and procedures should deal with the issue by:
clearly setting out processes for complaints and appeals;
providing training; and
promoting awareness of the issue.
Employers have a duty to review risk assessments and control measures, provide instruction, training and information and provide supervision (clauses 12-14)
Hazard identification, risk assessment and risk management strategies for workplace bullying should all be developed and maintained in consultation with employees.
Cl 28 Employees to disclose certain matters
(1) An employee must take reasonable steps to prevent risks to health and safety at work by notifying the employee's employer or supervisor of any matter that, to the knowledge of the employee, may affect the capacity of the employer to comply with the requirements of this Regulation.
(2) An employee may discharge the obligation under subclause (1) by notifying the matter in accordance with OHS consultation arrangements to the relevant OHS representative or member of the relevant OHS committee. 21

22. Prosecution under OHS Act 2000
The NSW Chief Industrial Magistrate has ruled that employers should not tolerate bullying*.
They should:
consult with employees
implement an anti-bullying policy and procedures
train staff in working with policy and procedures
establish a complaints mechanism
continually monitor the effectiveness of these policies.
(*Inspector Maddaford v MA Coleman Joinery & Ors, /03/02, 5/5/04)
Incidents of workplace bullying can be prosecuted – by WorkCover and by General Secretary of Union.
A landmark NSW prosecution has seen two directors fined $1,000 each and their company fined $24,000 after a 16-year-old asthmatic labourer was wrapped in cling wrap and had sawdust thrown into his mouth as part of an "initiation" by five other workers.
Chief Industrial Magistrate George Miller said the court "must indicate to others in the industry that this type of incident will not be countenanced". He said the director knew the initiation might happen but did nothing.
* Directors penalties have been appealed successfully by Workcover and INCREASED to $10, 000 and $9,000 22

23. Policy & Guidelines 23

24. Policy Guidelines Code of Conduct Complaints Handling Policy
Prevention of Bullying in the Workplace Policy
Hazard/Incident Reporting 24

25. Reporting Bullying Behaviour
Bullying behaviour may exist even if there are no reported incidents 25

26. Reporting Bullying Behaviour
Encouraging reporting can assist the employer to:
develop an accurate picture of the nature and extent of bullying
take action to address the issues being reported
assess whether prevention measures are working
nip emerging issues “in the bud”
provide prompt assistance and support to employees
An employer should encourage reporting. There are factors that can make employees reluctant to report bullying.
Employers may find it helpful to examine the performances of existing workplace reporting procedures.
If there is no reporting procedure in place or the existing system is not appropriate, an employer should develop a reporting procedure to identify and address reports of workplace bullying.
It is also important to identify and address any circumstances in the workplace that may make employees reluctant to report.
Procedures should be developed to suit the size and structure of an organisation. The procedure should be flexible enough to accommodate the various ways of dealing with a report of bullying, such as informal discussions or formal investigations. Any procedure should ensure confidentiality and fair treatment for those involved.
A reporting procedure can be developed and implemented in a number of ways. However, it should be developed in consultation with elected health and safety representatives [or with employees directly, if there is no health and safety representative] to ensure the system is used and trusted by employees. 26

27. Reporting Bullying Behaviour
How to report:
Informal Complaints Procedures
Direct Approach
Formal Complaints Procedures
Hazard/Incident Reporting Procedures
Workers Compensation Claim
Our [insert name of Organisation] Complaints procedures are set out before you (provide hardcopy)
Informal Complaints procedures – focus on changing behaviour and are non-blaming. When used promptly, an informal approach can resolve issues before parties become entrenched in the positions of bully or target. Informal procedures include a direct approach and/or mediation.
Direct Approach – the person affected, or someone on their behalf, can make a polite request to the alleged bully for the behaviour to stop. If this direct approach succeeds and the offending behaviour stops it will usually not be necessary to do anything further – except monitor the situation.
Other legal considerations
If a matter cannot be dealt with through organisational processes, considering external legal avenues may be an option.
You may wish to lodge a formal written complaint if informal approaches are unsuccessful, or the allegations are so serious that other approaches are inappropriate.
Find out what your organisation’s complaint procedures are and follow them.
Your employer should carry out an investigation into the allegations of bullying. Where the complaint of workplace bullying is justified, there may be disciplinary action or counselling for the bully to enable them to recognise and change their behaviour. The employer is also required to make changes in the workplace to ensure that any breaches of occupational health and safety or discrimination legislation are rectified. 27

28. Addressing & Investigating Bullying Behaviour
All allegations to be treated seriously & investigated promptly & fairly
Confidentiality must be maintained
The alleged bully should be treated as innocent unless the allegations are proved to be true
Principles of natural justice
Documentation
Just because a person says he or she is a victim of bullying behaviour does not prove that he or she has been bullied.
Bullying behaviour must be repeated and include the behaviour that a “reasonable person” would consider is intended to embarrass, intimidate, isolate, humiliate, undermine or threaten .
There should be emphasis on dealing with the complaint and response in a manner which limits the whole workplace taking sides.
Investigations should be conducted by an impartial and appropriately skilled person.
The principles of natural justice should be followed throughout the process.
The person who is alleged to have committed the bullying should be treated as innocent unless the allegations are proved to be true.
Any allegation of bullying should be investigated promptly.
All allegations need to be put to the person who is alleged to have committed the bullying.
The person alleged to have committed bullying must be given a chance to explain his or her version of events.
The complainant should not be made to suffer for making the complaint.
If the complaint is substantiated, then any disciplinary action that is to be taken needs to be commensurate with the seriousness of the matter (the punishment should fit the crime). Mitigating factors should be taken into account when assessing what form of discipline will be implemented.
At the end of an investigation, recommendations about the measures that should be undertaken to end the matter need to be made. In some circumstances, an investigation may find a report is not substantiated and no further action can be taken. In other situations, where a report/incident is substantiated, measures to assist complaint resolution should be assessed. This can involve looking at a range of strategies to see if they suit the situation.
Investigations and their outcomes should always be documented.
The parties affected should be kept informed and provided with all necessary documentation.
Employers have a responsibility for preventing the escalation of the issue into a Workers Compensation matter. 28

29. Addressing & Investigating Bullying Behaviour
RTW plans for psychological injuries must be developed as for standard RTW plan including risk assessment of the workplace, provision of suitable or alternate duties
Union members have the right to have their Union assist them in these processes. 29

30. Resolution
Employers should make sure that the people affected by the behaviour are satisfied their concerns have been dealt with appropriately.
The options for resolving a complaint of bullying will vary on a case-by-case basis according to seriousness and other circumstances.
After a situation has been resolved, an employer should also examine the work situation to identify and address any underlying risk factors that may have contributed to the bullying occurring.
Complaint resolution is a very important part of dealing with bullying in the workplace. 30

31. Resolution
Need to have quick resolution to demonstrate to employees that bullying is taken seriously.
Outcomes
Apology
Undertaking that the behaviour will cease
Formal warning, counselling of the alleged person
Awareness training
Formal Complaint dismissed (i.e. not substantiated)
Once a report has been made and the investigation begins it is important that some key principles are followed and should be built into any procedures developed for the resolution process
Treat all matters seriously: Treating all reports seriously encourages reporting and shows employees the organisation’s commitment to its ‘no bullying’ policy.
Act promptly: Prompt intervention can assist in resolving reports as quickly and as fairly as possible
Non-victimisation of person who reports: It is important to ensure that anyone who raises an issue of bullying is not victimised for coming forward.
 Support for both parties: Once a complaint has been made, the person or persons involved should be told of the support systems available to them e.g. employee assistance programs and peer support systems.
In addition, all employees involved should be allowed to have an advocate present at interviews or meetings (e.g: health and safety representative or union representative
Neutrality: The person in charge of an investigation or resolution should never have been directly involved in the incident. Impartiality towards all parties involved is critical so everyone has full confidence in a fair resolution process.
 Communication of process: All parties need to be informed of the resolution process, how long it will take and what they can expect will happen during and at the end of the process.
Confidentiality: Those involved need to be assured that confidentiality will be maintained. This is important in case the matter is not proven and to prevent the matter from escalating.
Documentation: Documentation is important to any formal investigation or resolution action.
Even if the matter is not formally investigated, a record should be made of all meetings and interviews detailing who was present and the agreed outcome(s).
 Natural justice: The principles of natural justice should be followed in all formal investigations. These principles are designed to protect all parties involved. 31

32. Bullying Risk Management
It is easier to prevent bullying than it is to intervene after an event or mediate during an established pattern of bullying.

33. Identify Hazards
High levels of absenteeism associated with particular workplaces
An increase in workplace grievances or complaints
High levels of staff turnover
Employees becoming withdrawn and isolated
Bullying in a workplace can sometimes be signalled indirectly. Because these signs may not always be connected with bullying, they need to be examined within the overall context of the organisation.
In addition to those on the slide, indirect bullying can include:
Employees leaving organisations reporting dissatisfaction with working relationships
Issues raised at staff meetings
Deterioration of relationships between colleagues, customers or management
Regularly torn clothing/uniforms
Regularly damaged personal effects or work tools
An employee experiencing a number of minor workplace injuries 33 33

34. Assess Risk Organisational change - restructures
Workforce characteristics - new employees, apprentices, trainees, casuals or minority groups.
Workplace relationships – poor communication, lack of consultation
Work systems – lack of policies, staff shortages, poorly defined jobs
There are a number of workplace factors that an contribute to the risk of workplace bullying. The presence of these factors does not necessarily mean that bullying is occurring in the workplace, but may point to a greater risk of bullying taking place, or occurring at a future time.
Organisational change
Research has identified that significant organisational change, such as a major internal restructuring or technological change, may inadvertently create an environment that increases the risk of bullying.
Workforce characteristics
Employers should be aware that some employees can be more at risk of workplace bullying. These employees may represent a minority in the workplace due to factors such: as age, gender, ethnicity, disability, parental status, religion or political views. They may also be new employees, apprentices, trainees, contractors or casuals.
Workplace relationships
Unsatisfactory workplace relationships and poor workplace communications , such as inadequate information flow or lack of consultation with employees, may create an environment in which workplace bullying is more likely to occur. Workplaces that tolerate teasing and practical jokes against employees, or tolerate initiation practices for new employees, are more likely to experience workplace bullying.
Workplace systems
Work system factors that may increase the risk of workplace bullying include:
lack of appropriate policies and procedures
A high rate and intensity of work staff shortages
Lack of experience and skill in dealing with employee groups
poorly-defined jobs an high and levels of uncertainty about job requirements 34 34

35. Control the Risks Consultation Redesign jobs Review resources
Preventative measures should target the source of risk, and may involve an organisation-wide response as well as addressing symptoms in a specific area.
Where multiple risk factors are identified, there is a greater likelihood that a section or organisation-wide response is required. A combination of measures may need to be used. Action may include:
providing appropriate training, particularly to those with supervisory responsibilities
consulting employees and health and safety representatives prior to and during organisational change
redesigning and clearly defining jobs
developing a conflict management process
reducing excessive working hours
reviewing resource availability
reviewing staffing levels
Consultation
Redesign jobs
Review resources
Mentor programs
Review staffing levels
Review workloads
Provide training esp. supervisors 35 35

36. Control the Risks
If there is no elected health and safety representative, direct consultation with employees will help an employer to identify which prevention action may be needed.
Where employees have been identified as being at a higher risk of bullying, such as apprentices, the employer may want to consider additional measures, such as:
a ‘buddy’ system for new employees
workplace relationship monitoring
additional employees training [e.g. workplace diversity and tolerance]
specific training for supervisors/managers dealing with employees at higher risk
Developing supportive leadership
Consultation with health and safety representatives and the health and safety committee should precede all proposed
action to reduce the risk
of bullying. 36 36

37. Summary Everyone has a responsibility to ensure the workplace is a bully-free zone.
Employers have a responsibility to:
Provide a safe workplace according to the relevant legislation
Provide policies and procedures outlining processes for dealing with allegations of bullying and harassment
Employees have a responsibility to:
Report hazards
Participate in consultation and training
Promote a culture of dignity and respect 37

38. DOES NOT TOLERATE BULLYING
in the workplace.
Speak up & speak out – support your colleagues. 38