AGENCY NAME & AGENCY BRANDING

1. AGENCY NAME & AGENCY BRANDING Appropriate Workplace Behaviours Your Right – Your Responsibility

2. What’s the Situation? • 350 000 Australians could currently be experiencing inappropriate behaviours in the workplace • Estimated to cost between $6 billion and $13 billion/annum in Australia (QLD Workplace Bullying Issues Paper – September 2001)

3. What’s the Situation? Incidence of bullying in the NTPS as at July 2003: • Daily 3.1% • Weekly 5.8% • Now & then 22.7% In (agency)? • if known otherwise - Unknown at this point in time

4. Aims of the Session Clear understanding of: • Why it’s important to deal with inappropriate behaviours • What are “inappropriate behaviours” • Impact on an individual and organisation

5. Aims of the Session • Your responsibilities and rights • Dealing with inappropriate behaviours • Support systems available for staff

6. What Are Inappropriate Behaviours? • Bullying • Harassment • Discrimination

7. Bullying “ Workplace bullying is the less favourable treatment of an employee by one or more employees which harms, intimidates, threatens, victimises, undermines, offends, degrades, ridicules, insults or humiliates an employee or employees, whether in front of co-workers, clients, visitors, customers or alone” (OCPE Preventing & Eliminating Workplace Bullying in the NTPS Framework 2005 )

8. Bullying Examples include: • intimidation • isolating a person • withholding information needed for a job • shouting at a person • spreading gossip about a person • sabotage of a person’s work

9. Harassment (insert Definition or Statement from Agency’s Policy or Guidelines, otherwise refer to other agency’s as examples – see below ‘Consists of behaviour that is perceived to be offensive, abusive, belittling or threatening. Can be indirect, unintentional or deliberately directed at an individual or group of workers. The behaviour is unwelcome, unsolicited, unreciprocated &/or usually but not always repeated.’ (DCIS Policy & Guidelines))

10. Harassment May include: • physical contact • verbal comments - teasing, lewd jokes, abusive comments • non-verbal action - emails, gestures, displays of insulting material • sexual harassment (Batchelor Institute)

11. Discrimination • Any distinction, restriction, exclusion or preference made on the basis of a particular attribute • Harassment on the basis of an attribute (NT Anti-Discrimination Act)

12. Discrimination Attributes include: • race, gender or age • sexuality • marital status or pregnancy • impairment • union or employer association activity • religious belief • irrelevant medical/criminal record • body shape/size

13. Other Inappropriate Behaviours • Workplace Mobbing is: • Passive aggressive group behaviour that is used as a deliberate strategy to cause harm to another worker with the intention of having that worker relinquish their employment • Workplace mobbing can be directed to managers or supervisors (upwards), colleagues (parallel) or someone in a less senior position (downwards). • (NT WorkSafe)

14. Upwards Bullying • Australian managers are increasingly vulnerable to workplace bullying from their staff in the current environment of rapid and disjointed organisational change. • Upwards bullying can occur when an employee does not respect his or her manager and exploits the fact that the manager is dependent on them to do their job effectively. • Present a dilemma for managers, in that if they ignore it, it looks as though they are not doing their job properly; alternatively if they disciplined the employee, they run the risk of a grievance claim or an accusation of bullying. (Sara Branch – Organisational Psychologist, Griffith University Workplace Bullying and Violence Research Team courtesy of NT WorkSafe

15. What Isn’t Inappropriate Behaviour? • Occasional differences in opinion, non-aggressive conflicts & problems in working relationships. • Legitimate comment, advice and direction from managers in accordance with the Public Sector Employment & Management Act. • Appropriate management of poor performance, issues of bad behaviour, inappropriate dress etc

16. Relevant Legislation NT LEGISLATION • Public Sector Employment and Management Act • NT Anti-Discrimination Act • Work Health Act and Regulations • Whistleblower Legislation (in draft) COMMONWEALTH LEGISLTAION • Racial Discrimination Act • Sex Discrimination Act • Human Rights & Equal Opportunity Commission Act • Workplace Relations Act • Age Discrimination Act • Disability Discrimination Act • Mental Health Act

17. Organisational Impact • Loss in reputation • Decline in staff morale • Increased staff turnover • Lost productivity

18. Organisational Impact • Unsafe work environment • Increased sick leave and absenteeism • Workers’ compensation claims • Cost of investigation, litigation, settlements

19. NT Government Costs Stress related workers compensation claims 01/01/2000 – 15/04/05 • Male 22 • Female 60 • Days lost 5460 • Benefits paid $1,741,499

20. Individual Impact • Psychological: stress, loss of self-esteem, depression and loss of trust • Physical: headaches, stomach problems and panic attacks

21. Individual Impact • Social: isolation, social withdrawal, family problems and attempted suicide • Career: black-listing and job loss

22. ACTIVITY Case Scenarios: • In small groups, consider the scenarios provided • Discuss whether or not you think there are issues of inappropriate behaviour and why • Discuss possible responses

23. Dealing with Inappropriate Behaviours Informal measures are often the best way to resolve cases: • Less traumatic and faster • Focus on improving future working relationships

24. The Individual Approach the alleged perpetrator: • Describe the unwanted behaviour and request that it stop. • Focus on the effect of the behaviour. • Don’t make it a personalised attack. • Try to get agreement on future interactions.

25. The Individual • Keep a diary of events • Record incidents in as much detail as possible. • Record names of witnesses. • Record names of people willing to support your claim.

26. Employee believes another has acted inappropriately towards them or another Inappropriate behaviour stops NO FURTHER ACTION Focus on behaviour Don’t attack Support person Individual approaches alleged perpetrator & requests unwanted behaviour stop Inappropriate behaviour continues Inform Manager & ask for assistance Inappropriate behaviour stops NO FURTHER ACTION Informal intervention (mediation) Manager introduces awareness sessions Individual dissatisfied with outcome External to Office of Commissioner For Public Employment Internal to CEO Lodge Formal Complaint/Grievance

27. The Manager/Supervisor • Act promptly/ maintain confidentiality. • Note details from the alleged victim and what action/support they are seeking. • If aware that inappropriate behaviour is occurring MUST address even if no complaint is made. • Discuss the situation with the alleged perpetrator. • Ensure alleged victim is protected from victimisation

28. The Manager/Supervisor If all parties willing: • Facilitate informal meeting If parties not willing: • Another way to resolve informally? • Formal grievance

29. The Manager/Supervisor • Awareness raising. • Make it clear what is acceptable & appropriate behaviour.

30. Support Services • HR (insert agency terminology) • Employee Assistance Program • Relevant union/Association • Working Women’s Centre • Community Justice Centre • NT Anti-Discrimination Commission • ADC Help-Line for Managers/Supervisors 1800 501 288 • Peer Support

31. Protection for You! • Public Sector Employment & Management Act • Anti-Discrimination Act • Whistleblower legislation – in draft stage

32. Responsibilities All employees are expected and required to behave ethically and professionally in the workplace.

33. All Employees Must ... • Ensure that own behaviour does not offend, intimidate, belittle or threaten others. • Comply with relevant Acts, Code of Conduct and (agency) policies and procedures. • Participate professionally when getting performance feedback.

34. All Employees Must ... • Seek to constructively resolve conflicts • Report inappropriate behaviours so that others are not placed at risk • Respect your work colleagues

35. Managers/Supervisors Must ... • Establish and maintain a safe workplace • Ensure employees are aware of and understand their responsibilities • Role model appropriate behaviours • Take complaints seriously

36. Managers/Supervisors Must ... • Act if observe inappropriate behaviours • Apply natural justice and procedural fairness • Seek advice if unsure – (HR – insert agency terminology) or ADC Helpline (1800 501288)

37. Failure to fulfil responsibilities... • Fines under Work Health legislation • Imprisonment for criminal matters • Disciplinary action under PSE&MA • suspension without pay/ with pay • demotion • dismissal

38. Conclusion • Inappropriate behaviours are costly to both the organisation and the individual • Management has a responsibility to take the issue of inappropriate behaviours in the workplace seriously

39. Conclusion As do ALL staff