DIGNITY & RESPECT IN THE WORKPLACE Preventing Workplace Bullying 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 DIGNITY & RESPECT IN THE WORKPLACE The Dignity and Respect Charter requires the PSA to have and maintain a positive behavioural culture. is committed to a workplace that provides dignity and respect to its employees. 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-toface if possible. How do staff support a respectful workplace? – Contribute constructively to a team environment – Respect and co-operate with coworkers. 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. Defining Workplace Bullying Is behaviour that is usually repeated, that is inappropriate, unreasonable and possibly aggressive and that creates a risk of physical and/or psychological harm. * WorkCover 2008 Preventing and dealing with workplace bullying – A Guide for Employers and Employees Single Incidents A single incident of unreasonable behaviour may not be considered bullying. It should not be condoned or ignored. Defining Workplace Bullying What constitutes bullying behaviour? Abuse - Verbal , physical, emotional Unfair use of workplace systems eg. rosters Workplace/social exclusion Practical jokes 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 Reasonable Managerial Action Reasonable managerial action must be conducted in line with established policies. It must be fair & equitable. 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 Effects of Bullying? Individual Team Organisation Family/Community 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 Workplace Bullying IS a Problem for Teams Can destroy team cohesion. Reduce productivity Affect team morale 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 Procedures to Deal with Bullying Legislation Policies & Guidelines Reporting Addressing & Investigating Resolution 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 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 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 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, 20085574/03/02, 5/5/04) Policy & Guidelines Policy Guidelines Code of Conduct Complaints Handling Policy Prevention of Bullying in the Workplace Policy Hazard/Incident Reporting Reporting Bullying Behaviour Bullying behaviour may exist even if there are no reported incidents 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 Reporting Bullying Behaviour How to report: Informal Complaints Procedures Direct Approach Formal Complaints Procedures Hazard/Incident Reporting Procedures Workers Compensation Claim 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 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. Resolution Complaint resolution is a very important part of dealing with bullying in the workplace. 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) 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. 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 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 Control the Risks • Consultation • Redesign jobs • Review resources • Mentor programs • Review staffing levels • Review workloads • Provide training esp. supervisors Control the Risks Consultation with health and safety representatives and the health and safety committee should precede all proposed action to reduce the risk of bullying. 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 DOES NOT TOLERATE BULLYING in the workplace.