Document 4 Bullying and Harassment Policy.pdf

Examples of Bullying and Harassment
8.
The Examples of workplace bullying and harassment include but are not limited to:
8.1
Overt behaviours –  For e.g. physical contact, verbal abuse, intimidation and
aggressive behaviours
8.2
Ostracism  –  For e.g. isolation, exclusion, not acknowledging an individual’s
presence
8.3
Undermining  –  For e.g. spreading gossip and rumours, belittling/ derogatory
remarks, baseless criticism
8.4
Sabotage – For e.g. withholding information and resources, inappropriate and
unfair application of work policies and rules, deliberately withholding important
information
Behaviours that are not Bullying and Harassment
9.
Examples of behaviours that are not bullying or harassment include:

9.1
Expressing differences of opinion in a constructive and courteous manner

9.2
Providing constructive and courteous feedback, counselling or advice about
work related behaviour or performance

9.3
Carrying out legitimate or reasonable management decisions or actions,
undertaken in a reasonable way and with respect and courtesy

9.4
Making a complaint about a supervisor’s or other employee’s conduct, if the
complaint is made in a proper and reasonable way
Roles and Responsibilities
10.
FWBC has a duty of care to take all reasonable steps to protect the health and safety
at work of their employees. This includes preventing bullying and harassment from
occurring.
Agency Head and Senior Executive Service
11.
The Agency Head and FWBC senior managers have a legislative responsibility to
advocate and explain the standards of behaviour expected of all employees. The
FWBC Executive are formally committed to this policy.
Supervisors
12.    Supervisors have responsibility for identifying and addressing behaviour which
constitutes bullying or harassment or has the potential to do so and dealing seriously
and sensitively with all complaints. Supervisors can and should intervene even in the
absence of a complaint. Wherever possible they should assist parties to resolve their
differences and agree on ways of working together.

13.
Some practical steps which supervisors can take to mitigate the occurrence of
workplace bullying and harassment include:
13.1
Ensuring their own conduct is consistent with the APS Values and Code of
Conduct
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13.2   Setting and clarifying appropriate workplace behaviours through the
performance management process
13.3
Addressing all complaints in a timely manner
13.4   Advising employees they can seek assistance from the Employee Assistance
(EAP)
13.5
Consulting HR for advice on possible courses of action
Employees
14.
All employees are responsible for upholding the APS values and Code of Conduct
and this includes treating others with respect and courtesy and without harassment.
Employees must ensure that they do not increase or create a risk to their own or
others health and safety, and this includes partaking in bullying and harassment
behaviour.
15.
Where an employee observes someone else being bullied or harassed they also
have an obligation to report this to their supervisor.
Strategies to Create a Positive Work Environment
16.
The FWBC provides a number of resources towards promoting a workplace free from
bullying and harassment including:
16.1
Taking care selecting supervisors and leaders
16.2
Reinforcing behavioural expectations through induction
16.3
Raising awareness through training
16.4
An Employee Assistance Program (EAP) for employee support and advice to
supervisors
16.5
A Mentoring and Buddy Program
16.6
A reporting mechanism to ensure complaints are handled in an appropriate
manner
16.7
Monitoring of incidents of bullying and harassment to ensure remedial action is
taken

17.
Supervisors who get the best from their teams inspire a positive workplace culture.
Some simple strategies supervisors can use include:
17.1
Maintaining open and honest communication
17.2
Ensuring all team members are aware of, and conform with, the agency’s
expectations of appropriate behaviour
17.3
realistic goals and deadlines, prioritising tasks, sharing work fairly, and setting
clear expectations
17.4
Ensuring staff know their role and have the skills, capabilities, information and
training they need to perform to their full potential
17.5
Encouraging employees to find a good work-life balance
17.6
Ensuring achievements are recognised and rewarded
17.7
Providing constructive performance guidance, including regular feedback
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Addressing Bullying and Harassment
18.
Employees have a range of options to raise issues or concerns regarding bullying
and harassment including:

18.1
Manager or Supervisor

18.2
Assistant Director – Human Resources
18.3
Employee Assistance Program
19.
Complaints regarding bullying and harassment may be handled by informal or formal
processes. Although informal measures are preferred in the first instance they do not
need to be exhausted before formal action commences.
20.
If an employee does not wish to pursue either course of action this does not mean
that a supervisor should take no action. Supervisors have an obligation to take
appropriate action and should consider implementing other strategies. They can
discuss possible options with HR.
Informal Resolution
21.
Informal processes emphasise resolution rather than factual proof or substantiation of
a compliant and allegations will likely remain untested.
22.
Employees who believe they are receiving inappropriate treatment should, if possible,
approach the person concerned about the behaviour in the first instance.
23.
If the behaviour does not cease or the employee is not comfortable with this approach
they should seek advice from their supervisor.
24.
The supervisor should arrange a meeting with the parties. This could be a simple
discussion through to more structured arrangements such as a meeting of the parties
facilitated by the supervisor.
25.
The meeting should focus on clarifying what is regarded as acceptable behaviour and
the steps both parties can take to establish positive working relationships.
26.
The outcome of the meeting could be a clearer understanding of the person’s
concerns, an apology for the inappropriate behaviour, an agreement about future
behaviour and improved work practices.
27.
If the complaint is of a significant nature or if the employee wants management to
address the issue the supervisor should approach HR.
Formal Resolution
28.
Where informal processes have not been successful or the alleged bullying and
harassment is of a serious nature formal methods of resolution may be appropriate.
29.
An employee can make a formal bullying and harassment complaint in writing to HR.
Complainants are required to articulate the nature of their compliant, the outcome
sought and the steps already taken to resolve the issue.
30.
Where a formal complaint is made the HR  will arrange for preliminary enquiries to be
made which may involve an informal or structured formal investigation.
31.
Based on these enquiries advice will be provided on the most appropriate action
including whether an investigation is required under FWBC Procedures for handling
Code of Conduct breaches.
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32.
Unlike informal processes formal measures will involve factual proof or substantiation
of a complaint.
33.
A flowchart outlining how workplace issues including bullying and harassment are
managed in FWBC refer to Attachment B.
Record Keeping
34.
For informal complaints a diary note should be recorded, with details of  how the
employee wanted the matter handled, any action taken and any follow up information.

35.
For formal complaints detailed records regarding the investigation, findings,
recommendations and implementation must be kept. Records of complaints and
investigations should be treated confidentially and information should be accessed
only a ‘need to know’ basis.
Consequences of Breaching the Policy
36.
The following outcomes are examples, but are not exhaustive, of what may result
from breaching this policy:

37.1
A formal apology to the complainant
37.2
Counselling
37.3
Conciliation/mediation by an impartial third party
37.4
Re-assignment of duties
37.5
Reduction in classification
37.6
Termination of employment; or
37.7
Other sanctions available under various legislation

37.
Similarly consequences exist for employees who are found to have victimised or
retaliated against a person who has made a complaint of bullying or harassment.
38.
Outcomes will depend on factors such as:
39.1
The severity or frequency of the bullying or harassment
39.2
The wishes of the person who was bullied or harassed

39.3
Whether the perpetrator could be expected to know that such behaviour was a
breach of policy
39.4
The level of contrition
39.5
Whether there were any prior incidents or warnings.
Other Reference Materials
- Bullying in the Workplace: A Guide to Prevention  for Supervisors and Managers
(Comcare)
- Respect: Promoting a Culture Free from Harassment and Bullying in the APS
(Australian Public Service Commission)

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Attachment A – Legal Obligations

1.
The legislative framework applicable to the APS places legal obligations on FWBC
and its employees in relation to bullying and harassment.  The relevant pieces of
legislation include the Public Service Act 1999 (PS Act); the various pieces of
Commonwealth and State anti-discrimination legislation; the Work Health and Safety
Act 2011 (WHS Act 2011) and the Fair Work Act 2009.

2.
The PS Act requires all APS employees to comply with the APS Code of Conduct,
which provides that an APS employee, when acting in the course of APS
employment, must:
2.1
treat everyone with respect and courtesy, and without harassment
2.2
an APS employee must at all times behave in a way that upholds the APS
Values and the integrity and good reputation of the APS; and
2.3
comply with all applicable Australian Laws.

3.
Bullying or Harassment may also breach Commonwealth and State anti-
discrimination legislation including the Sex Discrimination Act 1984, Age
Discrimination Act 2004, Disability Discrimination Act 1992, Racial Discrimination
Act 1975 and Human Rights and Equal Opportunity Commission Act 1986. The
unfair treatment based upon a real or perceived attribute or difference including, but
not limited to race, gender, culture, marital status, disability, religion, pregnancy or
age may contravene one or more of these pieces of legislation.

4.
Under WHS Act 2011, employees have a duty not to create a risk to the health or
safety of other persons (whether employees or not).  Inappropriate behaviour
towards a colleague is considered as creating a risk.

5.
The WHS Act 2011 imposes an obligation on employers to take all reasonably
practicable steps to protect the health and safety at work of their employees. This
obligation includes steps to prevent workplace harassment from occurring.

6.
FWBC, its contractors and agents are bound by the provisions of the Privacy Act
1988 (Privacy Act), which prevents personal information from being disclosed
without appropriate consent, unless the disclosure is required or authorised by law.
Section 14 of the Privacy Act contains the Information Privacy Principles which
prescribe the rules for handling personal information.

7.
Any use or disclosure of personal information by FWBC, its contractors and agents
will be in accordance with the Privacy Act 1988.

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