Department of Health, Prevention of Bullying Guidelines
DEPARTMENT OF HEALTH
PREVENTION OF BULLYING IN THE WORKPLACE
GUIDELINES
CONTENTS
1.
Introduction
2
2.
Definitions
2
3.
Reporting and Managing Complaints
4
4.
Support Mechanisms
4
5.
Outcomes
5
6.
What if Behaviour is Not Deemed to be Bullying
6
7.
What To Do If Someone Complains About You
6
8.
Manager and Supervisor Responsibilities
6
9.
How to Prevent Bullying
7
10. Sample Record of Complaints Form
9
Department of Health, Prevention of Bullying Guidelines
1.
INTRODUCTION
Employers have a duty of care under the Occupational Safety and Health Act 1984
(WA) (as amended), to provide and maintain a safe work environment where
employees are not exposed to hazards and can work without risk of injury or harm to
themselves and other staff members.
The Department of Health aims to meet its responsibilities under the legislation by
providing:
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
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A policy on the prevention of bullying in the workplace;
Information and guidance to employees and managers in the form of these
guidelines;
A grievance resolution process for dealing with complaints;
Relevant awareness education and training programs for managers, supervisors
and employees; and
Relevant support mechanisms including internal support networks, such as,
Contact Officers, Grievance Officers or Peer Support Officers and an Employee
Assistance Program that are adequately trained to deal with incidents of bullying.
These guidelines provide information for all employees on how to promote a working
environment free from bullying and how to resolve complaints if bullying incidents
are reported.
All employees have the right to work in an environment free from bullying.
All employees have a responsibility to ensure their own behaviour is above reproach
and they do not engage in bullying behaviour towards other employees, potential
employees, contractors, volunteers, clients or any other person involved in providing
or receiving health care or related services.
Employees who believe they or others are being subjected to bullying are encouraged
to follow the recommended grievance procedures. These procedures will involve
maintaining confidentiality and applying the principles of natural justice and
procedural fairness.
These guidelines provide definitions and examples of bullying. They provide
information on what to do if you think you have been bullied, your options and
possible outcomes. These guidelines also address what you need to know if you are
the subject of a complaint.
2.
DEFINITIONS
Complainant:
A complainant is a person who claims to be the subject of bullying and as a result
lodges a complaint about the experience.
Respondent:
A respondent is a person who is alleged to have acted in a manner which may be
perceived as bullying and is the person about whom the complaint is made.
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Department of Health, Prevention of Bullying Guidelines
Victimisation:
Victimisation is threatening or subjecting a person to any detriment on the ground that
the person has made or proposes to make an allegation or complaint, take proceedings
against another person, provide information in relation to a complaint or act as a
witness to a complaint.
Victimisation includes any unfavourable treatment, such as aggression, refusing to
provide information, ignoring the person, refusing to renew a contract of employment,
or dismissal.
Bullying:
Workplace bullying is generally repeated inappropriate behaviour, direct or indirect,
whether verbal, physical or otherwise, conducted by one or more persons against
another or others, at the place of work and/or in the course of employment, which
could reasonably be regarded as undermining the individual’s right to dignity at work.
An isolated incident of behaviour described in this definition may be an affront to
dignity at work but as a one off incident, is not considered to be bullying.
A workplace situation can be identified as bullying if it harms, intimidates, threatens,
victimises, undermines, offends, degrades or humiliates an employee or employees,
whether in front of co-workers, clients, visitors, customers or alone.
While some workplace bullying may involve verbal abuse and physical violence,
bullying can also be subtle intimidation with inappropriate comments about personal
appearance, constant criticisms, isolation of employees from others, and unrealistic
embarrassing or degrading work demands.
Principles of Natural Justice:
The principles of natural justice require that employees:
 Have the right to know all details about any allegation made against them;
 Have the right to be provided with the full opportunity to be heard and present
their case;
 Will not be judged by the person making the allegation/s;
 Have the right to a fair and just decision-maker;
 Have the right to obtain the advice of a suitably qualified person; and
 Are to be given an opportunity to comment on the possible bias of any person
involved in the grievance resolution procedure.
Procedural fairness:
Procedural fairness (also known as due process) is the underlying principle to be
applied in all processes and procedures involved in investigating a complaint and
making a decision which will affect employees.
The principles of procedural fairness require that:
 Employees affected or at risk receive a fair and unbiased hearing;
 All parties to the matter have the opportunity to present their case and have their
argument considered before a decision is made;
 All relevant submissions and other information are considered before a decision is
made;
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Department of Health, Prevention of Bullying Guidelines
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3.
Decision makers act fairly, without bias and in a timely manner;
All persons are informed of the basis of a decision and any outcomes, so they can
respond to the issues considered by the decision-maker;
Parties have the right to obtain the advice of a suitably qualified person to assist in
dealing with the complaint, this may include union support; and
Parties have the right to review or appeal the outcome.
REPORTING AND MANAGING COMPLAINTS OF BULLYING
The Department of Health encourages all employees to report workplace bullying.

Employees wishing to make a bullying complaint should follow their Health
Service’s grievance resolution procedure. For more information about this
procedure, contact your Human Resource Management Department.
Important things to remember about following grievance procedures:

The principles of natural justice and procedural fairness are observed throughout
the
grievance
resolution
process.

It is preferable to attempt to resolve an issue informally as soon as possible after
the incident occurs. When this is not possible, a formal process may need to be
initiated.

It is recommended that all parties make a detailed record of what has happened
(place, date, time, persons involved, what was said or done).

Complainants may withdraw their complaint at any stage if they feel they do not
wish to proceed with the action. In circumstances where the employer believes
that the behaviour may still exist, affect the work environment or other employees
or, is criminal in nature, the employer may pursue the matter of their own accord.

The victimisation of people making complaints of bullying will not be tolerated.
All steps will be taken to ensure that no one is victimised for making a genuine
complaint.

Where, at any stage of an investigation or resolution process it is proven that a
complaint is frivolous, vexatious, misconceived or lacking in substance, the
employer may by written notice to the complainant, dismiss the complaint.
4.
SUPPORT MECHANISMS
4.1 The Employee Friend
At any stage of the resolution process, an employee, whether the complainant or
respondent, is entitled to request the presence of a support person known as ‘The
Employee Friend’. ‘The Employee Friend’ is any person the employee trusts to
provide support and advice as mutually agreed.
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Department of Health, Prevention of Bullying Guidelines
The ‘Employee Friend’ can accompany the employee to interviews, but not take an
active part in the interview or meeting unless the person conducting the interview or
meeting considers it appropriate. This right applies to both the complainant and
respondent. ‘The Employee Friend’ must maintain confidentiality at all stages of the
process.
4.2 Internal Support Network (such as Contact Officer, Grievance Officer or
Peer Support Officer)
The internal support network generally provides support and information for
employees who have a grievance relating to discrimination or harassment in the
workplace and informs complainants of the options available to them to resolve a
complaint. In some areas they may assist the employee throughout the process of
resolving the complaint.
For details of the internal support network at your health service, contact your Human
Resource Department.
4.3 Employee Assistance Provider
An Employee Assistance Provider is a free, confidential counselling service available
to all Health employees. Your Human Resource Department will be able to provide
details of the Employee Assistance Provider for your health service. Counselling may
assist you throughout the process of resolving the complaint.
5.
OUTCOMES
For most complainants a desirable outcome from making a complaint is for the
unwelcome behaviour to stop. The outcome may vary according to the nature and
seriousness of the incident, as well as policy and legal requirements.
In situations where the employer concludes that the complaint of workplace bullying
is justified, disciplinary action may be taken against an employee in accordance with
relevant policy and legislation. The employer is also required to make changes to the
workplace to ensure that any breach of occupational safety and health legislation is
rectified and the bullying ceases. These changes may include counselling and
appropriate training for the alleged perpetrator to enable them to recognise and take
action to change their behaviour. It may also involve ensuring that all staff have the
skills to be self responsible and protect their personal boundaries in instances of
workplace conflict.
The Occupational Safety and Health Act 1984 (WA) (as amended) requires that
employers attempt to resolve safety and health issues with the safety and health
representative, safety and health committee or employees, according to the relevant
procedures for the workplace. If these procedures do not succeed, the Act sets out
steps to resolve the issue.
If an issue remains unresolved and there is a risk of serious and imminent injury or
harm to someone, either the employer or a safety and health representative may
request a WorkSafe inspector to attend the workplace. If there is no safety and health
representative, you or another employee may ask an inspector to come to a workplace.
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Department of Health, Prevention of Bullying Guidelines
6.
WHAT IF BEHAVIOUR IS NOT DEEMED TO BE BULLYING?
In many circumstances behaviour may not constitute bullying, but is still unacceptable
or inappropriate behaviour. It may be considered a breach of:
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The Public Sector Code of Ethics or Health Service/Royal Street Divisions’ Code
of Conduct eg. one-off incidents of inappropriate behaviour;
The Public Sector Management Act (Section 9); or
The Public Sector Standards in Human Resource Management (such as
recruitment and selection, performance management and, secondment).
In these cases, the employee may pursue the matter as a general employee grievance
or a breach of Public Sector Standards in Human Resource Management.
7.
WHAT TO DO IF SOMEONE COMPLAINS ABOUT YOU
Employees who have a complaint made against them have rights and responsibilities
in relation to the complaint resolution process. In addition to the principles of natural
justice and procedural fairness, the following shall apply to respondents:
 They will be treated as innocent until proven guilty;
 They shall not be victimised for being the subject of a complaint;
 They shall be able to nominate their own witnesses if there is an investigation into
the complaint;
 They shall be able to have an “Employee Friend” present at any interview or
meetings as part of the investigation process; and
 They may have an interpreter present at an investigation interview if required.
8. MANAGER AND SUPERVISOR RESPONSIBILITIES
Managers and supervisors hold positions of responsibility in the organisation and as
such, they are required to ensure that all reasonable steps have been taken to eliminate
bullying in the workplace. If managers/supervisors directly observe bullying taking
place, they should not wait for a complaint to be made before intervening but should
address the matter as a priority.
All managers and supervisors are responsible for promoting a workplace free of
bullying, and managing misconduct and substandard performance issues and
grievances involving bullying behaviour in the workplace. To assist managers to
manage incidents of bullying, policies in grievance resolution are available if an
employee feels they have been subjected to workplace bullying.
Another
recommended option is for the manager to seek to resolve issues informally before
they escalate.
In situations where the employer concludes that the complaint of workplace bullying
is justified, disciplinary action may be taken against an employee in accordance with
relevant policy and legislation. The application of the Occupational Safety and
Health Legislation 1984 is discussed on page 5 of these guidelines. Policies that may
assist managers include those relating to misconduct, discipline and/or performance
management. These are available through your human resources department.
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Department of Health, Prevention of Bullying Guidelines
Managers who fail to act on witnessed incidents or complaints and consequently
allow bullying to continue are in effect condoning the behaviour. This is not
acceptable and may lead to disciplinary action being taken against them.
Under legislation an employer who does not take suitable precautions to prevent or
resolve cases of bullying may be liable for any physical or psychological injury
suffered by the victim. An employer may be required to pay penalties, pay
compensation to the victim or make adjustments to the workplace to prevent future
occurrences.
Managers and supervisors have responsibility to:
 Ensure their own conduct is above reproach and that they are aware of the
behaviour of others for whom they have supervisory or management
responsibility;
 Ensure all staff are aware of the Department of Health Prevention of Bullying in
the Workplace Policy and understand processes for dealing with complaints;
 Ensure staff have the necessary knowledge, skills and support to make or resolve
complaints;
 Encourage and facilitate the participation of employees in educational programs
designed to identify and eliminate bullying;
 Monitor the workplace environment for symptoms of potential bullying behaviour
such as isolation and unexplained absences from work;
 Take action to prevent and stop behaviour which may be offensive or
intimidating;
 Maintain detailed written records of the management and resolution of complaints
of bullying in confidence;
 Follow established grievance procedures when dealing with any complaints of
bullying; and
 Ensure that persons making a complaint of bullying are not victimised either
immediately or anytime after the complaint has been resolved.
In most cases the Department does not have the right to intervene in bullying
behaviour that occurs outside of working hours. An exception to this would be
interactions between work colleagues where there is sufficient connection with their
employment, for example, an office party, business travel and accommodation, or use
of work related facility such as a computer or mobile phone.
9.
HOW TO PREVENT BULLYING
Prevention strategies that managers may adopt include (but are not limited to) the
following:
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
Provide education and awareness programs;
 Ensure all employees are familiar with the requirements of Department of
Health policies and guidelines, particularly the grievance resolution procedures;
 Encourage all employees to attend formal awareness raising sessions;
 Encourage managers and supervisors to attend appropriate training;
Adopt open systems of communication at all levels to enable employees to voice
any concerns they may have;
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Department of Health, Prevention of Bullying Guidelines
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Look for warning signs, such as negative relationships between employees, low
morale, high turnover and absenteeism;
Stop inappropriate behaviour which may develop into bullying, as soon as it
occurs;
Encourage employees to report any incidents of bullying and obtain support to
resolve them;
Ensure complaints are dealt with promptly and effectively and appropriate action
taken against offenders. This will demonstrate to all employees that the employer
will not tolerate such behaviour; and
Encourage employees to undertake exit interviews and follow up on any concerns
raised by them regarding another employee/manager.
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Department of Health, Prevention of Bullying Guidelines
10.
SAMPLE RECORD OF COMPLAINTS FORM FOR MANAGERS
Name of complainant:
DEPARTMENT:
Date:
Complaint Form
Please tick
Step 1.
Listen to their experience
Acknowledge their feelings
Clarify that you have
understood
Explore further
Step 2.
Provide Information
 What is bullying?

Resolution Options – link
with grievance resolution
procedure
Clarify roles and responsibilities
for action
Step 3. Document the allegation:
Action to be undertaken by complainant.
(Please circle)
Will take no action
Will speak to the person accused of bullying
Will involve a third party to mediate discussions with person accused of
bullying
Will make an informal complaint to be conciliated
Will make a formal complaint
Other (provide details)
Date for following-up:
Follow-up completed: yes/no
Outcome
Successful resolution
Unsuccessful resolution
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Department of Health, Prevention of Bullying Guidelines
INSTRUCTIONS:
1.
2.
3.
4.
5.
Use form to help guide and document interview process.
If resolution is unsuccessful, use a new form and go through the process from the
beginning with complainant.
Continue using new forms until the incident is resolved successfully.
Send copies of all completed forms to your Human Resource Consultant.
Keep a copy of all original forms in secure filing cabinet.
STEP 1.
This stage is about giving the complainant the chance to tell their story
and express how they feel. You are not gathering facts, but allowing
the person to discuss their perceptions and how events are impacting
on them. Make sure that you acknowledge their reality. Their
language may be highly emotive and they may make irrational
judgements, remember that this is normal when people are under
stress. You don't agree with their judgement just acknowledge how
they are feeling.
STEP 2.
This stage is about giving the complainant information to help them
make a decision. REMEMBER it is not your role to make a decision
or take action. You must make it clear to a complainant that you can
only provide information and support, it their responsibility to make a
decision about what they will do and act on this decision. Explain and
provide a copy of the Grievance Resolution Procedure. You can
provide unlimited support and information, but cannot act on their
behalf.
STEP 3.
Follow the Grievance Resolution Procedure when documenting the
allegation and managing the complaint.
RESOURCES:
The following resources have been developed to assist you in providing information
to complainants:
1.
2.
3.
Department of Health Prevention of Bullying in the Workplace Policy.
Department of Health Prevention of Bullying in the workplace Guidelines.
Other resources may be available from your Human Resources Department.
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