Reminder – what behaviour might be considered bullying and harassment
In the last bullying and harassment update we undertook to provide further education on a range of
topics to consolidate the knowledge you have received from completing face to face and online
training.
To ensure that we promote and maintain a safe and bully free workplace, it is important that you
understand the behaviours that constitute bullying so that you do not inadvertently engage in such
conduct.
To this end, the list below is a timely reminder of conduct that might be considered bullying if repeated
and directed towards an employee or a group of employees that creates a risk to their health and
safety.
· Abusing or yelling at a person or behaving aggressively
· Humiliating or undermining a person through gestures, sarcasm, criticism and insults
· Making hurtful remarks or verbal attacks, making fun of a person's work, or the person
themselves
· Teasing or practical jokes
· Excluding or isolating a person from activities or an online group
· Spreading gossip, false or malicious rumours about a person
· Posting photos or videos using social media to embarrass or hurt a person
For a reminder on what you can do if you experience workplace bullying click here. All reports of
bullying and harassment are treated seriously and dealt with a timely manner.
The employee assistance program is available on 24/7 to provide confidential help with any challenges
you may be experiencing. Please contact 1300 361 008 to speak to a counsellor.
In the next article we will provide you with practical examples of what bullying does not include.
Previous Articles
Message from the Director - Bullying and Harassment Update
Myths and facts about workplace bullying
Myths and facts about workplace bullying continued…
Workplace Bullying Scenarios
What can you do if you experience or witness workplace bullying?
Message from the Director - Reporting Bullying and Harassment
Bullying and Harassment Scenarios - Case Study 1
Last Modified On: 7/06/2016 2:05 PM
Bullying and Harassment Update
It has been a few months since we last published material about bullying and harassment. To ensure
this topic continues to be given the attention it deserves HR will be publishing a monthly intranet article
about various topics educating staff about bullying and harassment.
Why does the agency take bullying and harassment so seriously?
We have a legal and moral obligation to provide a safe and bully free workplace.
To do this we must take reasonable actions to prevent bullying and respond to any complaint
immediately, this includes acting on bullying issues, implementing policies and procedures, training
staff and keeping abreast of changes to the legislation.
To demonstrate our commitment to preventing bullying and harassment we conducted a review of
bullying and harassment in 2015 and followed up from that review by providing face to face and online
training, reviewed and updated our policies and raised awareness through the publishing of intranet
articles including real life scenarios and case studies.
Over the coming months we will reinforce the previous training and provide further information on
topics including:
• What behaviour might be considered bullying and harassment
• What bullying does not include
• Reasonable management action
• Performance management
• Responsibilities of managers and supervisors
• Responsibilities of bystanders
• What you can do if you are bullied
If there are any other topics you would like us to cover please send your suggestions to
xx@xxxx.xxx.xx or contact Manager – HR,
for a confidential
discussion.
The following are previous articles on this topic:
Message from the Director - Bullying and Harassment Update
Myths and facts about workplace bullying
Myths and facts about workplace bullying continued…
Workplace Bullying Scenarios
What can you do if you experience or witness workplace bullying?
Message from the Director - Reporting Bullying and Harassment
Bullying and Harassment Scenarios - Case Study
Last Modified On: 7/06/2016 12:04 PM
Bullying and Harassment Scenarios - Case Study 1
The following case study is the first in the series of bullying and harassment scenarios:
Case Study 1:
Fiona was a Senior Investigator and had held that role for a number of years. Well qualified for the
position, she had been acting in the higher duties position of her Team Leader on a number of
occasions and she considered herself an excellent candidate for the position when the team leader
resigned. Natalie was one of her staff members, considerably younger and new to the agency. The
team leader’s position was advertised and both Fiona and Natalie applied for the position. There was a
merit based selection process and Natalie was appointed to the position. Fiona was quite upset about
this and told Natalie that she thought she was better than her and should have been given the
position.
Over time, this was demonstrated by Fiona not offering Natalie any assistance. At meetings and in
other discussions when an issue about work would come up, Fiona would be uncooperative and make
comments like ‘well somebody thinks you know more than I do, so you tell us what the answer is’.
Fiona did not participate in meetings and was openly critical of Natalie, particularly in smaller groups.
Natalie spoke to Fiona about this after some time and said that she was feeling uncomfortable in the
workplace by the way she was being treated by Fiona. Fiona replied ‘Not my problem. You were the
one who was promoted to team leader, so manage it’. Natalie kept records of instances where she
considered she was being bullied, ignored or harassed. She tried again on a second occasion to
speak to Fiona about this, but Fiona remained uncooperative.
Ultimately, Natalie spoke to her manager and complained about how she was being treated by Fiona
in the workplace. The senior manager spoke to Fiona, who again reiterated that Natalie was the better
person for the job and the appointment was based on merit.
The Senior Manager pointed out that Natalie was performing extremely well in the role and that Fiona
needed to comply with the Code of Conduct including treating everyone with respect and courtesy and
without harassment. She was warned failure to this may result in disciplinary action. Fiona took a
short period of leave reflecting on her behaviour, and upon her return, began cooperating with Natalie.
Key Message:
Workplace bullying is repeated, unreasonable behaviour directed towards a worker or group of
workers, that creates a risk to health and safety. The above article is a good reminder to treat
everyone with respect and courtesy in the workplace as this is essential to a healthy and productive
working environment.
Last Modified On: 8/12/2015 4:09 PM
Message from the Director - Reporting Bullying and Harassment
Earlier this year I posted an intranet article about disbanding the Harassment Contact Officer Network
because the Executive Board and I considered that it was not adding any value.
It was our view that bullying and harassment is the responsibility of all staff. Everyone, no matter what
job classification, should be contactable by someone who may be a victim of workplace bullying or
harassment, and it is incumbent on that person to deal with the situation before them with the
assistance of HR and/or management.
I have a duty to ensure the health and safety of workers is not put at risk and that we have policies and
procedures in place to assist all workers to create and maintain a healthy and safe work environment.
To this end, I have instructed HR to update the Bullying and Harassment Policy to make it compulsory
for all incidents of bullying and harassment to be reported to the HR Manager,
or
the Chief Operating Officer, Bernie O’Keeffe regardless of who they are reported to in the first
instance.
This crucial step will allow HR to monitor any potential hotspots and ensure appropriate action is being
taken.
I welcome your cooperation with this new process.
Nigel
Last Modified On: 14/09/2015 10:19 AM
What can you do if you experience or witness workplace bullying?
To be able to take the most appropriate action it is important to first find out whether the behaviour you
are experiencing or witnessing is workplace bullying. It can be difficult in times of stress to be objective
about what is happening to you. Therefore, in considering the questions below, it may be helpful to
seek the perspective of another person who is not involved to help you determine whether the
behaviour meets the definition of workplace bullying. You may like to discuss the situation with HR, a
Health and Safety Representative or a colleague you respect.
Is the behaviour being repeated?
Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of
behaviours over time. Occasional differences of opinion, problems and conflict in workplace
relationships can happen in the workplace, but may not constitute bullying.
Is the behaviour reasonable?
Unreasonable behaviour means behaviour that a reasonable person, having considered the
circumstances, would see as unreasonable including behaviour that is victimising, humiliating,
intimidating or threatening.
Is the behaviour creating a risk to your health and safety?
Workplace bullying can be harmful to the person experiencing it and to those who witness it, although
the effects will vary depending on individual circumstances as well as the situation.
Next Steps
If you feel safe doing so, calmly tell the other person you object to their behaviour and ask that it stop.
If speaking to the person does not resolve the issue and you still believe you are experiencing or
witnessing workplace bullying, report it to your manager or HR it as early as possible. The agency
cannot address the problem if we do not know about it. If your supervisor is the person whose
behaviour is concerning you, speak to the next person of seniority.
At any time employees can contact the EAP on 1300 361 008 for completely confidential and free
counselling to discuss their concerns.
If you have any questions or anything you would like to discuss please do not hesitate to contact
HR
Manager,
on
or
Last Modified On: 13/05/2015 9:00 AM
Workplace Bullying Scenarios
To continue raising awareness around workplace bullying, the following scenarios have been prepared
to demonstrate what can constitute bullying behaviour (and what doesn’t).
Scenario 1
Ms Jones asked her team member (Miss Stevens) to book in some time to have a discussion
regarding her workload and performance. Ms Jones had previously discussed her concerns regarding
Ms Stevens’ performance during her formal review two months prior and during regular catch up
meetings. During the meeting, Ms Jones discussed her intention to place Miss Stevens on an
underperformance plan and adjust her duties based on her view that Miss Stevens’ performance was
not improving. Ms Jones invited Miss Stevens to voice any concerns regarding this change, offered
her time to think about ways she felt she could adjust her duties to assist in reaching her required
output for her work level and to contribute to the development of the plan.
Ms Jones also notified Miss Stevens that if she was unable to improve her performance according to
the plan, she may face reassignment of duties, reduction in classification, termination of employment
or other appropriate action. Miss Stevens then approached the Human Resources team saying she
felt like Ms Jones was treating her unfairly and was trying to assign her pointless tasks that have
nothing to do with her job.
Could Ms Jones’ behaviour be considered bullying?
No. Some practices in the workplace may not seem fair but are not bullying. It is important to
distinguish between a manager reasonably exercising their legitimate authority at work in a proper and
reasonable way, and instances of bullying. Managers and supervisors have a broad range of
responsibilities including directing and controlling how work is performed. They are responsible for
monitoring workflow and providing feedback to employees on their work performance. Feedback
provided properly with the intention of assisting staff to improve their performance or behaviour does
not constitute bullying.
Managers should maintain open and regular communication with their teams to ensure that any
performance problems are identified early and dealt with in an objective and constructive way.
Scenario 2
Mr Brown was participating in a team meeting with his manager and three other colleagues. The
manager was asking for feedback regarding potential changes to a policy and opened it up to the
group to discuss. Mr Brown had reviewed the policy and prepared some feedback regarding the
content. After verbalising this to the group, another member of his team (Ms Smith) took his feedback
as criticism and became defensive, saying “no one cares what you think”. The group did not respond
directly to Ms Smith or Mr Brown, instead suggested they move on and invited someone else to
speak. Mr Brown felt humiliated and upset; this was not the first time that Ms Smith had spoken to him
in this way in front of other team members.
Could Ms Smith’s behaviour be considered bullying?
Yes. Bullying is considered to be a pattern of unreasonable behaviour or incidents; because Ms Smith
had on multiple occasions belittled Mr Brown’s opinions and made him feel undermined and
intimidated at work, her behaviour should be addressed. Mr Brown should speak to his manager, a
more senior manager or HR with his concerns and seek advice.
Another important note regarding this situation is that Mr Brown’s colleagues had been witness to
these behaviours multiple times. We all have responsibility to help create a positive, safe
workplace. If you witness a colleague experiencing harassment or bullying you can speak up, offer
them support and assist them to access resources to help solve it.
If you are not sure if an action or statement could be considered bullying, you can use the ‘reasonable
person’ test: would most people consider the action unacceptable?
If you have any questions or anything you would like to discuss please do not hesitate to contact HR
Manager,
on
or
Last Modified On: 6/05/2015 10:33 AM
Myths and facts about workplace bullying continued…
•
If someone’s bullying behaviour unintentionally hurts another person, then it is not
bullying
Even though the person's behaviour may seem innocent to them, it is important to consider its effect
on others. The test is whether a reasonable person would consider it to be bullying.
•
Managers don’t need to address behaviour that doesn’t meet the definition of bullying
Not so. A one-off event might not meet the definition of bullying but may still affect the individual
involved and be a pre-cursor to bullying. Any form of inappropriate behaviour that lowers morale and
productivity must be addressed.
•
A tough performance management conversation does not amount to bullying.
Providing constructive feedback to a staff member is a reasonable management action. Providing
feedback in a way that demeans or humiliates them could involve bullying.
•
Employers have primary responsibility for ensuring a workplace that is free of bullying
It is a shared responsibility. Employees must cooperate with actions their employer takes to comply
with health and safety laws. They also have a duty to take reasonable care of their own health and
safety and that of others in the workplace. Managers must take appropriate action to ensure
acceptable standards of behaviour are understood and observed. Everyone must speak up if they
witness bullying and report all inappropriate behaviour.
•
Managers can only act on a written or formal complaint
Managers have a duty of care to act on all inappropriate behaviours that they either see or hear about
that can potentially cause harm to another employee. This includes bullying.
If you have any questions or anything you would like to discuss please do not hesitate to contact HR
Manager,
on
or
Last Modified On: 7/04/2015 10:54 AM
Myths and facts about workplace bullying
Following the recent conclusion of the bullying and harassment training everyone should have a much
better understanding of this very important subject. Over the next couple of months HR will be
releasing a series of intranet articles that aim to further consolidate your knowledge in this area.
We thought we would start with some myths and facts about bullying and harassment over two
articles:
•
Everyone describes bullying in the same way
People describe different types of behaviour as bullying but only some of these may meet the
definition of bullying*. A reasonable management action or a one-off event are not examples of
bullying. However any inappropriate behaviour, regardless of its label, should be addressed. According
to our staff survey the most prevalent type of harassment and bullying our staff reported being
subjected to was verbal abuse such as offensive language, derogatory remarks, shouting and
screaming (42.1%).
•
Bullying only affects the individuals directly involved: the perpetrator and the target
No. The effects can be widespread. Witnessing bullying has similar effects to being bullied. Witnesses
are less likely to be satisfied with their job or proud of their organisation. They are more likely to think
about leaving their organisation. 37.9% of staff that witnessed harassment and bullying in our agency
reported that a co-worker was the perpetrator.
•
Bullying is usually just a personality clash and the individuals involved will sort their
differences out
No. Bullying may cause physical and psychological harm to the individuals concerned. Bullying places
the people involved at risk and also affects anyone who witnesses the behaviour.
•
People are only bullied by someone senior to themselves
Not so. People can be bullied by their manager, peers, staff, clients or any other person they come into
contact with at work. According to our staff survey in the case of being subjected to harassment or
bullying it was fairly evenly spread - Someone more senior e.g. managers manager (21.1%),
immediate supervisor (26.3%), co-worker (21.1%), someone more junior (15.8%), other (15.8%).
•
Bullies are born, not made
Anyone is capable of bullying but most people don't become bullies. It is often environmental factors
that cause people to bully others. For example, if a person's poor behaviour goes unchecked, they
may believe their behaviour is acceptable. 68.4% of staff that were subjected to bullying and
harassment did not report it; 72.4% of staff that witnessed bulling and harassment did not report it. The
agency cannot take action if we do not know about it.
* Workplace bullying is defined as arising where an individual or group of individuals repeatedly
behaves unreasonably towards a worker or a group of workers at work and the behaviour creates a
risk to health and safety.
If you have any questions or anything you would like to discuss please do not hesitate to contact HR
Manager,
on
or
Last Modified On: 30/03/2015 10:48 AM
Message from the Director - Bullying and Harassment Update
All of the bullying and harassment training sessions have now been delivered with the SES and myself
taking part in the final session this week.
From all accounts, the training has been worthwhile. Personally, I found it insightful and relevant.
As you will recall, I made an absolute pledge to address bullying and harassment within the agency
following the outcomes of the 2014 staff engagement survey. My intention does not stop with merely
providing staff training. To continue raising awareness, HR will be developing a suite of articles that
will assist you to consolidate your knowledge of this important subject.
A couple of issues occurred to me while undertaking the training. The first is that we need to very
careful about creating a workplace environment of excessive sensitivities. The workplace comprises
persons of different ages, workplace experience and personalities. Occasional differences of opinion,
problems and conflicts in working relationships can happen in the workplace but do not necessarily
constitute bullying.
The second is that our managers have a legal right to carry out reasonable management actions such
as performance management and directing the way work is done and they should not be afraid to do
this for fear of repercussions.
A third issue is that just because we may confront an unseemly culture on building sites, it is no
excuse that swearing and other macho behaviour is justified in the office or when interacting with
colleagues.
As always I am willing to discuss any issues openly with staff and anyone that wishes to approach me
directly or via email are encouraged to do so.
Nigel
Last Modified On: 13/02/2015 5:03 PM
Message from the Director: Bullying and Harrassment Training
Following the outcomes of the employee engagement survey conducted earlier this year, I gave a
commitment to better understand the results that indicated high levels of bullying and harassment.
As you are aware, we conducted a full review of bullying and harassment within the Agency and
pleasingly, the findings indicated that bullying and harassment is not an endemic issue within the
Agency.
Nevertheless, there are no excuses for even one reported incident of this type of behaviour and I am
committed to ensuring each and every incident of bullying and harassment is responded to
appropriately, promptly and in accordance with policy.
The review led to a number of recommendations that could assist us to inspire a positive workplace
culture. The first recommendation focussed on education and training. To assist in addressing this
identified gap, we are developing and delivering training on Bullying and Harassment.
The training will be delivered to all staff across the Agency, with separate sessions for staff, team
leaders/managers and senior management. Each session will be a full day and all staff are required to
attend.
18/11/14 -
Adelaide - 1 day staff session (
includes NT staff)
24/11/14 and 26/11/14 –
Sydney 2 staff sessions (
includes Canberra staff)
1/12/14 -
Perth - 1 day staff session
3/12 -
Sydney - 1 day team leaders/managers session (
includes Brisbane and Canberra team
leaders/managers)
5/12 –
Brisbane – 1 day staff session
10/12, 11/12 & 17/12 -
Melbourne - 2 staff sessions (
includes Tasmania staff), 1 day team
leaders/managers session (
includes Adelaide and Perth team leaders/managers)
TBC –
Senior Executive – to be held in
Melbourne following December Executive Board meeting
Invitations will be sent to staff in the coming days.
If you have any questions or enquires please contact
on
or email the L&D Inbox.
Nigel
Last Modified On: 13/11/2014 8:26 AM
Message from the Director
Colleagues
You may recall six weeks into my tenure with FWBC I decided that an employee engagement survey
was necessary to capture a clear snap shot of the culture and working environment prevailing at that
time. To my disappointment there was high level of bullying and harassment reported in the survey
and I gave my commitment that I would get to the bottom of the issue.
To this end, I engaged
to perform a full review of bullying and harassment within the
agency including the opportunity for you to meet with him personally and share your experiences. I am
pleased many of you took this opportunity; it means you genuinely care about improving the culture of
this agency which I find very encouraging.
Purpose of the Review
The purpose of the review was 1. To establish if the agency had a systemic issue with bullying and
harassment, 2. To assess the level of knowledge held by staff in relation to the concept of bullying and
harassment, the relevant policies and procedures and importantly staff understanding of their
responsibilities regarding same and 3. Examine internal governance procedures including
organisational policies, reporting procedures and other relevant material.
Findings of the Review
Pleasingly,
has informed me that bullying and harassment is not an endemic issue within the
agency. Nevertheless, there are no excuses for even one reported incident of this type of behaviour
and I am committed to ensuring each and every incident of bullying and harassment is responded to
appropriately, promptly and in accordance with policy.
found that in the largest number of cases the most reported bullying and harassment behaviours
included public belittling and demeaning or derogatory comments and associated behaviours by either
managers to staff, staff to managers, or staff to staff. This is consistent with the results of the
engagement survey and the lesson here is that we all need to be more vigilant about the significant
impact that our words can have on others.
Recommendations of the Review
There are a number of things that we could be doing better to inspire a positive workplace culture and
has made a number of recommendations that will help us achieve this. Broadly speaking, the
recommendations fall within four categories, 1. Education and training 2. Awareness raising 3.
Improved communication and 4. Internal processes.
Next steps
I have accepted all of
recommendations and have requested HR develop a plan to implement
them. Once the plan is established each of the strategies will be reported on at the monthly Executive
Board Meeting. We will also keep you informed of progress through the intranet.
Finally, if you believe that you are being treated inappropriately I strongly encourage you to report the
behaviour so that it can be investigated. One of the concerning aspects of the survey and review was
that our records did not indicate any potential issues. If we know about these matters when they occur
we are in a much better position to tackle them head on rather than after a considerable amount of
time has lapsed.
Best wishes
Nigel
Last Modified On: 19/09/2014 3:57 PM
Bul ying and Harassment Review Update
The bullying and harassment review is well underway. As you would be aware
was engaged because as an agency we need to have a much better understanding
and response to issues of bullying and harassment .
has been busy working his way
around the country to meet with staff to discuss these issues.
has already conducted sessions in Adelaide, Perth and Sydney. He is scheduled to
meet with Canberra staff on Friday (4 July), Melbourne staff on Monday next week (7 July)
and Brisbane staff in the week commencing 14 July.
has provided HR with updates on the sessions so far and has been very pleased with
the level of participation and contributions from staff. If you missed the session in your
office or have something you would like to discuss with
, he is welcoming staff to
contact him directly via email.
A reminder that all staff are required to attend the group sessions and are strongly
encouraged to book one-on-one meetings with
if they wish to speak to him
privately. We are aiming to gather as much feedback as possible that will contribute to
building a workplace free from bullying and harassment. We want FWBC to be a great place
to work and cannot stress enough the importance of attending and discussing this important
organisational and workplace issue.
Where to from here?
Once the sessions have concluded,
wil col ate the feedback gained from staff and the
results of his desktop review of the agency’s policies and procedures. A report that includes
recommendations for the Director is expected to be submitted in early August.
If you have any questions about the review you can contact
via email,
or
.
Published On:
3/07/2014 3:15 PM
Message from the Director - Bul ying and Harassment Review
Recently I released a message informing you that I had engaged
to conduct a
review of bullying and harassment within our agency.
has been engaged because as an agency we need to have a much better
understanding and response to issues of bullying and harassment, particularly in light of the
results of the 2013 Employee Engagement Survey.
has a wealth of experience conducting workplace investigations and I look forward to
receiving his report which I have previously indicated will be promptly acted upon.
I understand from speaking with him, that it is his intention to speak to staff within planned
group sessions at each office location.
I would like to make it clear, all staff are required to attend these group sessions. I cannot
stress enough the importance of attending and discussing this important organisational and
workforce issue.
Fol owing the group sessions,
intends to speak to staff who wish to speak with him
privately about their experiences or knowledge of bullying and harassment at an off-site
location. This part of the consultation is not compulsory. I assure you that the information
you provide to him will remain confidential and no names will be recorded or disclosed.
has also indicated a desire to speak to Managers and Harassment Contact Officers
separately and not as part of the group sessions. I understand that in the near future he wil
write to each of you explaining the purpose of his role and advising of planning
arrangements.
I encourage al of you to be candid and open with him and to take the opportunity of talking
about your own experience, your observations and also ways we can improve our agency’s
response to bullying and harassment.
I look forward to progressing this crucial issue.
Nigel
Published On: 26/05/2014 3:47 PM