DIGNITY AND RESPECT
POLICY AND GUIDELINES ON
PREVENTING AND MANAGING
WORKPLACE BULLYING
Foreword: Director General, NSW Premier’s
Department
The New South Wales Government is committed to ensuring its workforce is free
from workplace bullying.
The Dignity and Respect in the Workplace Charter 1and this document, Dignity and
Respect: Policy and Guidelines on Preventing and Managing Workplace Bullying
have been developed in consultation with public sector agencies and major public
sector unions. The policy is based on the principles of sound people management and
ethical behaviour and underpins the Dignity & Respect in the Workplace Charter.
It is expected that all public sector employees will treat each other with respect and
bullying in the workplace will not be tolerated. Managers need to implement and
actively promote policies aimed at ensuring that staff behave ethically and
professionally. All employees must clearly understand the requirements and
responsibilities to treat each other with dignity and respect.
The consequences of ignoring or condoning workplace bullying include workplace
stress, increased absenteeism, high staff turnover - all leading to reduced productivity.
Agencies must investigate and deal promptly, thoroughly, and fairly with allegations
of bullying behaviour.
This policy focuses on bullying prevention through a risk management approach and
thereby assists agencies to identify and eliminate bullying from their workplaces.
I encourage all agencies to use this policy in order to eliminate workplace bullying in
the public sector.
Dr Col Gellatly
Director General
Premier’s Department
1
Appendix 1
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page i
Foreword: Chief Executive Officer, NSW Work Cover
Authority
Bullying comprises a significant threat to the safety and wellbeing of workers, and
can impact on the harmony of the workplace environment. Although it may appear at
times a daunting issue to address, the risk of bullying can be reduced and managed in
much the same way as other workplace hazards, by implementing appropriate risk
management policies and procedures.
Government agencies should lead the way in managing this risk, which might
otherwise result in physical or psychological injury to employees, lost time and
productivity, and potentially high workers compensation claim costs. Clear guidance
material will assist agencies to identify and effectively address concerns.
WorkCover endorses the use of Dignity and Respect in the Workplace- Policy and
Guidelines to support an agency’s policy development and review its strategies for
managing the risk of bullying in the workplace.
Jon Blackwell
Chief Executive Officer
WorkCover NSW
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page ii
TABLE OF CONTENTS
Foreword: Director General, NSW Premier’s Department............................................ i.
Foreword: Chief Executive Officer, NSW Work Cover Authority ..............................ii.
INTRODUCTION........................................................................................................ 1
Policy framework ....................................................................................................... 1
Policy principles......................................................................................................... 1
Implementation of Policy principles .......................................................................... 2
Defining Bullying ...................................................................................................... 2
Definition ............................................................................................................... 2
Examples of bullying behaviour ............................................................................ 3
Performance management ...................................................................................... 3
Legislation and related policies ................................................................................. 4
A RISK MANAGEMENT APPROACH ................................................................... 5
Introduction ................................................................................................................ 5
Workplace consultation ............................................................................................. 6
Identification of bullying hazards .............................................................................. 6
Risk assessment ......................................................................................................... 6
Risk elimination and control ...................................................................................... 7
Monitoring and review ............................................................................................... 8
WORKPLACE TRAINING AND AWARENESS ................................................... 9
DEALING WITH COMPLAINTS .......................................................................... 11
PROCESS IMPROVEMENT ................................................................................... 13
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
INTRODUCTION
Policy framework
The NSW Government requires public sector agencies to ensure their workplaces are
free from all forms of bullying.
The Model Code of Conduct for NSW Public Agencies underpins this policy and
provides all public agencies with a framework for ensuring ethical decision-making
and action. Agency codes of conduct proscribe expected workplace behaviours
reinforcing the Model Code of Conduct which states that:
Employees are to treat members of the public and their colleagues fairly and
consistently, in a non-discriminatory manner with proper regard for their
rights and obligations. In this regard they should perform their duties in a
professional and responsible manner.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Workplace
Bullying provides an overarching framework that assists agencies review and develop
their own policies to eliminate workplace bullying. The policy provides guidance to
agencies on a preventative risk management approach to bullying which can be
integrated with other existing human resource policies.
It also supports the provisions outlined in the Occupational Health and Safety Act
2000 and the Occupational Health and Safety Regulation 2001 for maintaining a safe
and healthy workplace. It is also aligned to the NSW Government’s Working
Together Public Sector OHS & Injury Management Strategy 2005-2008 and the
Dignity & Respect in the Workplace Charter.
Policy principles
NSW public sector managers have a leadership responsibility to model ethical
behaviour and maintain a professional working environment.
Safe and healthy workplaces, which are free from bullying should be promoted and
maintained. Agencies have a duty of care to provide safe working environments.
All workplace participants should treat each other with respect. There are bound to be
occasional differences of opinion, conflicts and problems, these are part of working
life. However, when the treatment of another person is unreasonable, offensive,
intimidating, humiliating or threatening and repeated then this amounts to workplace
bullying and should not be tolerated.
Employees have a right to expect that any grievance or complaint lodged in relation to
an allegation of bullying will be dealt with fairly and confidentially and managed in a
timely, and appropriate manner.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 1
Implementation of Policy principles
Policies developed by individual agencies to manage and prevent bullying should be
based on the above policy principles. In so doing it is expected that the following
approaches will be adopted:






a whole of organisation commitment to employee health, safety & welfare
the identification of organisational risk in relation to bullying behaviour
active management of allegations of bullying using existing agency grievance/
complaints handling systems
the promotion of workplace standards of behaviour (based on an agencies
Code of Conduct) based on fairness, transparency and two way
communication where employees treat each other with respect
consultation and communication with employees and unions on anti bullying
strategies
training to raise staff awareness of their responsibilities in relation to the
prevention and management of bullying.
Defining Bullying
Defining workplace bullying is not simple, as it relies to some extent upon how the
behaviour is perceived by the person experiencing it. Some agency policies have
attempted to define it. For the purposes of this document the following definition has
been developed.
Definition
Generally, workplace bullying is any behaviour or series of behaviours that is
unreasonable or undesirable at the place of work and/or in the course of or related to
employment which intimidates, humiliates and/or undermines a person or a group of
people.
Bullying will generally meet the following four criteria:
1. It is repeated
2. It is unwelcome and unsolicited
3. The recipient/s considers the behaviour to be offensive, intimidating,
humiliating or threatening
4. Based on the available information, the behaviour would be considered
offensive, intimidating, humiliating or threatening to the individual it is
directed at, or, for that matter, others who are witness to or affected by it.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 2
Examples of bullying behaviour
Bullying behaviour may be directed upwards or downwards and towards co-workers.
There is no finite list of bullying behaviours, however, the following types of
behaviour , where repeated or occurring as part of a pattern of behaviour, could be
considered bullying:




Being subjected to constant ridicule and being put down in front of colleagues
Being the victim of loud and abusive, threatening or derogatory language
usually when other employees are present
Leaving offensive messages on email or by telephone, including offensive
messages through the use of SMS and material posted on the internet
Being subjected to practical jokes
Performance management
It is important to differentiate between a person’s legitimate authority at work, and
bullying. All employers have a legal right to direct and control how work is done, and
managers have a responsibility to monitor workflow give feedback and manage
performance.
Feedback or counselling on work performance or behaviour is intended to assist staff
improve work performance and/or the standard of their behaviour. If an employee has
performance problems, these should be identified and dealt with in a constructive way
that is not humiliating or threatening.
The performance management process requires two way communications that clearly
explains the work staff are expected to do. This involves providing constructive
feedback to staff on their work performance. Performance management is consistent
with the principles and objectives of the Dignity and Respect in the Workplace
Framework.
In dealing with performance management issues, agencies are expected to utilise their
own agreed policies on performance management eg Performance Management
Policy and Guidelines 1998 and the Commentary and Guidelines on the Management
of Conduct and Performance June 2003 for public service agencies.
The success of any performance management system will depend on the degree of
commitment and skill of those participating, and hence the training that supports
them. Successful implementation of performance management will include both
training in the operation of the system itself, and training in specific skills required to
effectively manage employee performance.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 3
Legislation and related policies
NSW Occupational Health and Safety Act 2000
NSW Occupational Health and Safety Regulation 2001
Working Together Public Sector OHS & Injury Management Strategy
2005-2008
NSW Workplace Health and Safety Strategy 2005-2008
Workers Compensation Act 1987
Workplace Injury Management and Workers Compensation Act 1998
Model Code of Conduct for NSW Public Agencies 1997
Code of Conduct and Ethics for Public Sector Executives 1997
Dealing with Employee Work-related Concerns and Grievances 1996
For information on harassment and anti-discrimination issues see:
Harassment Free Workplace Policy and Guidelines 1996
NSW Industrial Relations Act 1996
Federal Workplace Relations Act 1996
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 4
A RISK MANAGEMENT APPROACH
Introduction
The Bullying Risk Management Model shown below outlines the key elements
integral to developing or reviewing an agency-wide response to bullying in the
workplace within the context of existing systems, policies and procedures.
Each of the elements in the model contributes towards eliminating bullying from the
workplace. In recognition that agencies are at various stages of implementation the
model allows agencies to review any or all of the above elements, as they are part of a
continuous rather than sequential process. These strategies are not intended to
override but rather complement and guide agencies to customise their own
approaches.
The risk management approach to bullying focuses on creating a work environment
that eliminates or controls the circumstances that can lead to bullying. In this context
risk management is about eliminating or reducing the risk of injuries and illness
associated with bullying and identifying the factors that may lead to bullying.
Outlined below are the major features of an effective risk management approach to
anti-bullying. The Treasury Managed Fund “TMF Guide to Risk Management “, the
WorkCover NSW Health and Safety Guide 2001and Premiers Department Circular No
2003-37 “Occupational Stress – Hazard Identification and Risk Management
Strategy” provide further information.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 5
The following WorkCover publications will assist the development of occupational
health and safety risk management systems:
Risk Management at Work – Guide (Catalogue number 425)
Due Diligence at Work Guide (Catalogue number 126)
These publications can be downloaded from WorkCover’s website
(www.workcover.nsw.gov.au or obtained by telephoning WorkCover’s Publication’s
Hotline (1300 799 003)
Workplace consultation
Effective communication with internal and external stakeholders is the key to
understanding risk, managing risk and developing a workplace culture that values and
promotes positive behaviours. Consultation with employees and unions is integral to
this process.
Identification of bullying hazards
As stated earlier, Occupational Health and Safety legislation provides employers with
a duty of care to provide a safe working environment for employees. Good quality
data is essential to identify the factors that may lead to workplace bullying. Agencies
have available a number of data sources that can be analysed to identify bullying
hazards in their agencies, for example, absentee rates, incident records, exit interviews
and staff turnover records. Consultative forums with employees, unions and managers
can be used to review this information (taking account privacy issues) to develop
appropriate strategies.
Reviewing employee data such as workers’ compensation claims, grievances, disputes
and complaints can alert an agency to systemic problems in their workplace.
Unchecked, these systemic problems can lead to an escalation of bullying incidents.
Reviewing trend data enables agencies to develop a targeted response.
Systems that review, analyse and monitor agency human resource data allows
agencies to respond more effectively. Analysis of where an agency is currently
positioned enables a targeted response that avoids the one size fits all approach to
managing bullying.
Risk assessment
Risk assessment is concerned with measuring the likelihood and severity of injury
associated with a specific workplace hazard. The level of risk attached to a bullying
hazard can be assessed as high, medium or low. This enables agencies to prioritise
what needs to be done. The degree of bullying risk in an agency will determine which
risk control options are appropriate.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 6
Risk elimination and control
An agency’s first responsibility is to eliminate any identified risk factors. If this is not
achievable, agencies through risk control should reduce risk to the lowest possible
level.
Risk elimination and control refers to agency systems and structures that support and
manage specific risk management activity, capability and behaviours. Weak systems,
practices and processes that occur in organisational governance structures can lead to
poor people management practices and result in bullying incidents.
Some examples of key control systems and structures are provided below:

Corporate Governance systems and statutory compliance obligations –
good governance demonstrates to employees and stakeholders an agency’s
adherence to the principles of accountability, transparency, probity and ethical
public administration. The NSW Government’s Strategic Management
Framework - A Whole of Government Initiative NSW Premier’s Department
which is updated annually and guides agencies in service delivery planning,
the allocation of appropriate resources and reporting on performance, this may
be useful tool for agencies to consider. The Strategic Management Framework
is available from the NSW Premier’s Department website at
www.premiers.nsw.gov.au

Agency structures –agency structures need to be based on core business
needs. However in determining agency structures consideration should also be
given to whether particular approaches may also contribute to bullying and
where possible these should be avoided. Hierarchical structures and
centralised decision making can be factors that contribute to bullying risk eg
command and control environments where communication can be
authoritative and directive with low levels of consultation.

Incident reporting and document control systems – monitoring these
enable agencies to learn from the past and put in place preventative or
corrective action.

Information and training about anti bullying policy and procedures creates awareness and supports the development of appropriate workplace
behaviours. Training may be required to address identified risk factors in a
workplace e.g. an evaluation of incident reports may highlight bullying in a
particular employee group. A customised anti-bullying training package may
be required, for example, any manager or supervisor responsible for dealing
with complaints should receive adequate training and instruction.

Consultation - with all stakeholders will ensure relevance and ownership of
risk control strategies e.g. Joint Consultative Committee.

Audit and review systems – these practices add value by bringing
independence and authority to the risk identification, assessment and control
processes. For example:
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 7
o a workplace audit following recent organisational change, particularly
change that has lead to high job instability and uncertainty about
ongoing employment can identify bullying risks
o a review of policies and procedures may identify inadequacies and
require updating and amending e.g. complaints and grievance handling
procedures.

Workplace diversity – certain groups in the workplace may be at a higher
risk of being bullied, for example, due to religious, race, age and gender
differences. Data on the impact for these groups should be monitored closely.
However, employees in these groups may be less inclined to complain, hence
agency data may not be complete and accurately reflect the situation.
Training in workplace diversity and cultural awareness may be required.

Support systems – such as employee assistance programs, peer support
systems, interpreters or appropriate support for people with disabilities may
prevent incidents from escalating, for example, employees with personal
problems may display inappropriate work behaviour that can lead to bullying.
Referral to Employee Assistance Program providers may avoid escalation.
Monitoring and review
Regular monitoring of qualitative information enables agencies to identify whether
the risk strategies established have achieved/ reduced the impact of the hazard. To
monitor effectively, agencies need to establish baseline data.
Data sources include:
 records of staff grievances and complaints regarding alleged bullying
incidents
 workers compensation data eg number of psychological injuries
 sick leave and other absenteeism data eg increased levels, changed
individual patterns of leave etc
 exit interviews data citing grievances, bullying and harassment
 staff turnover statistics
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 8
WORKPLACE TRAINING AND AWARENESS
Training is integral to developing a workplace culture that encourages dignity and
respect in the workplace. Training reduces the risk of bullying occurring in the
workplace because it builds staff confidence in an agency’s anti-bullying policy and
better equips managers to understand bullying issues and prevention strategies at the
workplace level.
The OHS Act requires employers to provide sufficient information, instruction and
training to employees to enable them to work safely and without risk to their health
and welfare. Information, instruction and training should provide personnel with the
skills and knowledge that they need to perform their jobs safely, this can be provided
at induction, orientation and at periods throughout an employee’s work.
The mix of information, instruction and training needed to reduce the risk of bullying
in a particular workplace will depend on the training needs identified through the risk
assessment process.
Generally speaking anti-bullying training may include the following three aspects:

creating awareness and building commitment to a bully free workplace

agency anti-bullying policy and procedures

areas identified as a result of the Risk Management Approach
Agencies should consider the range of training delivery methods available such as
online training and train the trainer and should tailor training specifically to their
needs.
It is important to promote awareness of these issues among employees, including
managers and supervisors. This should provide employees with the skills and
knowledge they need to perform their jobs safely. It should help them to understand:

the hazards and risks of workplace bullying

the rationale and strategies that have been put in place and how to use them

how to follow administrative, health, safety and welfare reporting procedures.
Agencies should look at existing training that is occurring in their organisation on
related issues such as performance management, supervision, grievance handling with
a view to integrating anti-bullying training with these programs.
An agency’s identification of bullying hazards, risk assessment and risk control
analysis may identify additional training needs. For example, an agency may identify
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 9
that a particular group are being bullied in the workplace and specific training may be
required. A range of resources are available to assist agencies to tailor training
programs to meet these needs:

Specialist anti bullying consultants

External agencies that customise training programs

Union training packages

In-house staff development courses
Agencies need to monitor and evaluate training needs on an ongoing basis to cater for
employee movements and the occurrence of bullying incidents.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 10
DEALING WITH COMPLAINTS
All agencies should have complaint handling systems in place. Memorandum 96-11
“Dealing with Employee Work-Related Concerns and Grievances, and Harassment
Free Workplace” provides agencies with guidelines for the appropriate management
of work-related concerns and grievances. A grievance is defined as a clear statement
by an employee of a work-related problem, concern or complaint.
Agency specific complaint procedures should reflect the principles outlined in this
policy. Agencies may manage bullying incidents using their existing agency
grievance/complaints handling systems adapted to meet this policy.
An analysis and preliminary investigation of a bullying complaint will determine the
appropriate method of resolution, whether the complaint can be managed at the local
level or requires higher level intervention or whether an informal or formal process is
required. A timely response to complaints minimises the risk to the health and safety
of employees and demonstrates an agency’s commitment to its bullying prevention
policy.
Resolution procedures should include options for both informal and formal
approaches. Informal options, when used promptly, can provide a means of resolving
issues at the local level through such processes as negotiation or mediation before the
matter escalates. Formal procedures are necessary where these options have failed,
where disciplinary action may be required or the nature of the complaint may involve
breaches of criminal or other legislation.
Grievances may require referral to an independent (external to the organisation)
investigator to conduct an investigation especially where the problem is intractable.
Resolution of a bullying complaint may require considering alternative actions or
processes such as discipline, performance management or referring the matter to an
external agency for example when the alleged bullying may be criminal or corrupt
conduct . Depending on the circumstances it may be appropriate to temporarily
suspend or discontinue the grievance process to allow the alternative process to be
undertaken. This will enable a satisfactory outcome for both the complainant and
other staff member(s) and finalises the grievance process. The principles of
procedural fairness should be followed in all formal investigations as they are
designed to protect all parties involved.
Where an employee is found to have been bullied by another staff member, the
organisation needs to consider whether discipline or other performance management
actions including counselling should be taken. The nature and seriousness of the
bullying incident will determine what action is required.
Employers should actively encourage reporting of bullying incidents. Agencies should
make it clear to employees that reports of bullying will be taken seriously and that
people reporting bullying incidents will not be victimised. Incident reporting and
documentation procedures can provide valuable data for risk elimination and control
purposes, an important feature of the risk management approach to bullying.
Agencies should revisit their current grievance policy and procedures to ensure
consistency with this approach.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 11
For example, it may be necessary to modify existing grievance procedures by
allowing provision for a bullying allegation to be referred to the Occupational Health
and Safety Committee for the identification of risk assessment and control. These
procedures when developed in consultation with employees and other key
stakeholders will ensure relevancy to organisational culture and thereby help gain
employee commitment.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 12
PROCESS IMPROVEMENT
Consultation and participation is important to build commitment to appropriate
workplace behaviour and identify risk factors. Effective consultation, monitoring and
review leads to continuous improvement.
The risk management approach to anti- bullying identifies various information
sources providing valuable data about agency performance in eliminating bullying.
For example,



monitoring incident reports and document control systems;
auditing and reviewing systems may identify the need for changed delegations.
regular monitoring and review of workplace communication systems and
processes.
Regular evaluation of this type of information will enable agencies to identify whether
their risk management strategies are working, learn from past experience and put in
place preventative or corrective action. Agencies can utilise this information to
develop benchmarks to evaluate performance, for example, comparative data on
bullying incidents and sick leave. This will enable agency policies to remain effective
and relevant to their organisational needs.
Consultation will help agencies to successfully implement and evaluate prevention
measures. The monitoring and review process should involve feedback from all
relevant stakeholders. Agencies should use existing consultative mechanisms to
involve stakeholders in this process. Consultative mechanisms can include regular
meetings with OHS representatives and committees, surveying employees, providing
suggestion boxes to allow employees to provide feedback anonymously and raising
issues at staff meetings.
Dignity and Respect: Policy and Guidelines on Preventing and Managing Bullying in the Workplace
page 13