Bullying in the workplace

1. Bullying in the workplace Current as at March 2014

2. Why consider bullying? • Your employees are your organisation’s most valuable asset. • Happy employees are productive employees. • Some behaviours encourage team work, knowledge sharing, a sense of belonging and productivity – while others do not. • Some behaviours, such as bullying, adversely impact the health and safety of employees – creating financial and morale implications for your organisation. • People don’t stay in work environments they don’t like. • Staff turnover costs your organisation in dollars, time and knowledge. • Your organisation has a legal responsibility to provide a safe work environment for your employees. Bullying in the workplace

3. Employer responsibilities • In Victoria, employer responsibilities are found in the Occupational Health and Safety Act 2004 (Vic): • Employers have an obligation to do as much as they can to eliminate or reduce risks to employees' health and safety, including • adequate information, instruction, training and supervision for your staff to work in a safe and healthy manner. • adequately monitoring your workers' health. • Employees have an obligation regarding how they act toward others within the workplace. Sources: Business Victoria http://www.business.vic.gov.au/operating-a-business/employing-and-managing-people/employer-responsibilities/equal-opportunity/bullying-and-victimisation Worksafe Victoria http://www.worksafe.vic.gov.au/laws-and-regulations/employer-rights-and-responsibilities Bullying in the workplace

4. Penalties • As at July 2013, the maximum penalties for breaches of the Occupational Health & Safety Act 2004 were substantially increased: • $1,075,050 for a body corporate • $215,010 for individuals. Source: Worksafe Victoria https://www.worksafe.vic.gov.au/laws-and-regulations/employer-rights-and-responsibilities Bullying in the workplace

5. Bullying defined “Bullying occurs when: a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work AND the behaviour creates a risk to health and safety”. • Bullying does not include reasonable management action carried out in a reasonable manner. Source: Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingabout Bullying in the workplace

6. Key elements of bullying There are four key elements to bullying: • It is a workplace conflict • It is enduring and repeated • it is inappropriate and possibly aggressive • it results in a level of (physical and/or psychological) distress Source: Australian Psychological Society https://www.psychology.org.au/publications/inpsych/workplace_bullying/ Bullying in the workplace

7. Bullying examples For example, bullying behaviour may involve, any of the following: Source: Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingabout Business Victoria http://www.business.vic.gov.au/operating-a-business/employing-and-managing-people/employer-responsibilities/equal-opportunity/bullying-and-victimisation Bullying in the workplace

8. Impacts of bullying The individual The reaction of individuals subjected to bullying will vary according to the nature of the bullying and their coping mechanisms. Effects include may include some, or all, of the following: • “Stress, anxiety or sleep disturbance; • Panic attacks or impaired ability to make decisions; • Incapacity to work, concentration problems, loss of self-confidence and self-esteem or reduced output and performance; • Depression or a sense of isolation; • Physical injury; • Reduced quality of home and family life; • Suicide”. Source: Stop Bullying in SA http://www.stopbullyingsa.com.au/factors.asp Bullying in the workplace

9. Impacts of bullying The organisation Effects may include some, or all, of the following: • Reduced efficiency, productivity and profitability; • Increased absenteeism, sick leave and staff turnover; • Poor morale, employee loyalty and commitment; • Increased costs associated with recruitment and training; • Increased workers’ compensation claims and potential increase to premiums; • Increased indirect costs such as management time, engaging mediators or counsellors; • Adverse publicity and poor public image; • Potential fines for breaches of the occupational health and safety legislation; • Legal costs incurred defending a claim of workplace bullying, civil and criminal actions; Source: Stop Bullying in SA http://www.stopbullyingsa.com.au/factors.asp Bullying in the workplace

10. What bullying isn’t Bullying is not reasonable management action “Reasonable management action carried out in a reasonable manner does not constitute bullying. Reasonable management action may include: • performance management processes • disciplinary action for misconduct • informing a worker about unsatisfactory work performance or inappropriate work behaviour • asking a worker to perform reasonable duties in keeping with their job • maintaining reasonable workplace goals and standards”. The key is these actions have to be conducted in a reasonable manner. If not, they could be classed as bullying. Source: Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingabout Bullying in the workplace

11. Preventing bullying Bullying can be hidden within the workplace. “Victims of bullying and violence might not report an incident because of: • fear of retribution • doubt that the problem can be solved • fear of being regarded as weak • worry that reporting will negatively affect their career • belief that this kind of behaviour is a normal part of work culture”. Source: Business Victoria http://www.business.vic.gov.au/operating-a-business/employing-and-managing-people/employer-responsibilities/equal-opportunity/bullying-and-victimisation Bullying in the workplace

12. Preventing bullying Get the conversation going about bullying and develop an anti-bullying culture within your workplace. Ensure your organisation has a bullying and violence prevention strategy: • make employees aware of what rights and options they have under the legislation and any internal policies you have developed • inform and train employees about unacceptable behaviour • identify and control areas where bullying, victimisation and occupational violence is likely to occur • encourage all employees to report any incidences • develop an appropriate workplace policy which addresses bullying. Source: Business Victoria http://www.business.vic.gov.au/operating-a-business/employing-and-managing-people/employer-responsibilities/equal-opportunity/bullying-and-victimisation Bullying in the workplace

13. Managing bullying Try to resolve the issues at the workplace • Have a clear policy and procedure to address bullying. • Ensure your organisation has an informal and formal resolution process in place. • Encourage employees to raise the issues with their: • Supervisor and/or manager • Health and safety representative • Board of management • Human resources department. • Respond quickly and appropriately to the issues raised, encouraging informal resolution as a first step. • Provide appropriate referrals to address bullying impacts. • Eg. Counselling through your Employee Assistance Program, further advice from Worksafe on (03) 9641 1444 or 1800 136 089 (Victoria only). Bullying in the workplace

14. Informal Resolution Process Conciliation • Conciliation is confidential and only involves the conciliator and the affected employees. • It is important that the employee can trust and respect the conciliator. • The purpose of conciliation is to provide a quick response to an incident by an impartial, suitably skilled person. • The main focus is to return the individuals to productive work without further interruption. • A no-blame, conciliatory approach should be used to assist the individuals in reaching a satisfactory outcome that will ensure the bullying behaviour ceases. • No records resulting from this action should be kept after resolution of the issue. Source: Stop bullying in SA http://www.stopbullyingsa.com.au/develop.asp Bullying in the workplace

15. Formal Resolution Process Investigation • Complaint received • in writing, with specific allegations including dates, times and names of any witnesses. • Appoint an independent investigator. • Meet with both parties and explain the process: • Expected timetable for resolution • Overview of how investigation will be conducted • Who will receive copies of statements and records • Who can be present at interviews • Interim measures to ensure heath and safety of employees • Independent investigator conducts investigation • Investigator provides findings in writing From findings, employers to identify how to assist the individuals to return to a working relationship, for example mediation, counselling, changed working arrangements and redressing organisational issues that may have contributed. It may also include possible disciplinary action, an apology, assurance the behaviour will not reoccur, a formal warning, suspension from work or as a final resort, dismissal. • Appeal process and review Source: Stop bullying in SA http://www.stopbullyingsa.com.au/develop.asp Bullying in the workplace

16. New anti-bullying laws Extended powers for the Fair Work Commission • A worker who has been bullied at work can now apply to the Fair Work Commission for an order to stop the bullying. NOTE: Incorporated associations with at least 1 employee are subject to this change. Source: Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingwho Bullying in the workplace

17. Who is covered To make an application for an order to stop workplace bullying, a person must: • Work for a 'constitutionally-covered business‘, and • meet the definition of a 'worker'. The Commission can only make an order if there is a risk that the worker will continue to be bullied at work by the particular individual or group. Accordingly, orders cannot be made where the worker is no longer engaged at the workplace where they allege the bullying occurred and/or there is no risk of the bullying conduct continuing. A worker includes: • an employee, contractor or subcontractor • an employee of a contractor or subcontractor • an employee of a labour hire company who has been assigned to work in a particular business or organisation • an outworker • an apprentice or trainee • a student gaining work experience • a volunteer. Source: Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingwho Bullying in the workplace

18. Who is covered “Workers are only covered by the national anti-bullying laws if they work in a 'constitutionally-covered business'. This includes a business or undertaking conducted by: • a business that is a constitutional corporation—for example, a proprietary limited company (this includes foreign corporations and trading or financial corporations formed within the limits of the Commonwealth) • the Commonwealth • a Commonwealth authority • a body corporate incorporated in a territory • a business or organisation conducted principally in a territory or Commonwealth place.” NOTE: Incorporated associations with at least 1 employee are subject to this change. Source: Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingwho Bullying in the workplace

19. Who is not covered Workers who are not covered by the national anti-bullying laws may include workers in businesses that are: • sole traders or partnerships • some state government departments and (non-corporate) state public sector agencies • some local governments, provided they are not trading or financial corporations • corporations without significant trading or financial activities. • Members of the Defence force are not covered by these laws. Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingwho Bullying in the workplace

20. The process The following is a brief overview of the anti-bullying processes at the Fair Work Commission (the Commission) that will be applied in most cases. • Application is lodged—a worker lodges an application for an order to stop workplace bullying. • Response from the employer or business—the Commission sends a copy of the application to the employer and the person/s alleged to be bullying the applicant, and they are given an opportunity to respond. • Application is dealt with by the Commission—by mediation, conference or hearing, depending on the circumstances of each case. • Application is settled or determined—the matter may be settled by mediation or in conference, or the Commission may issue a decision and/or and order to stop the workplace bullying. Source: Fair Work Commission http://www.fwc.gov.au/index.cfm?pagename=anti-bullyingprocess Bullying in the workplace

21. Flowchart http://www.fwc.gov.au/documents/antibullying/AntiBullyingFlowchart.pdf Bullying in the workplace