AUSTRALIAN DENTAL ASSOCIATION VICTORIAN BRANCH INC. BRANCH POLICY STATEMENT 1.24 BULLYING 1.
INTRODUCTION
1.1
The Australian Dental Association Victorian Branch Inc. (ADAVB) is committed to ensuring that its employees are not subjected to bullying in the course of their work.
2.
LEGISLATION
2.1
Bullying can result in breaches of the Occupational Health and Safety Act 2004 (Vic).
3.
BULLYING
3.1
Bullying is repeated, unreasonable behaviour directed toward an employee, or group of employees, that creates a risk to health and safety.
3.2
Bullying includes: • • • •
• • • • • • • • •
verbal abuse; threats of demotion or dismissal or physical harm; repeated jokes about a person and their performance or characteristics; repeatedly treating a person less favourably than other staff at an equivalent level, eg. not allowing a person to leave early when all other staff are regularly given this privilege; putting someone down; unjustified criticism or complaints; spreading rumours or innuendo; publishing information or statements about a person on the internet or by email or text message; performing abusive or offensive acts in front of a person; giving offensive material to a person; following a person; interfering with someone’s property or equipment; deliberate exclusion;
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• • • • 3.3
Bullying does not include reasonable management actions carried out in a fair way, such as: • • • • • • •
4.
deliberate denial of access to unclassified information or resources; setting tasks above or below an employee’s skill level and outside their duty statement; setting unreasonable timelines; and excessive scrutiny.
setting performance goals, standards and deadlines; allocating work; deciding not to select a worker for promotion; informing a worker about unsatisfactory work performance or behaviour; implementing organisational changes; performance management; or constructive feedback.
IMPLEMENTING THE POLICY In discharging its legal responsibilities to provide a workplace free of bullying, the ADAVB's Chief Executive Officer must give attention to the following matters: • • • • •
advising the ADAVB Council on matters pertaining to bullying; advising ADAVB Council of any formal complaints that have been lodged with an external body; providing parties to a complaint with information about the options available for advice, support and complaint resolution; ensuring confidentiality in all matters relating to complaints of bullying; providing ongoing support and information to the work of Workplace Contact Persons.
5.
EQUAL OPPORTUNITY OFFICER (CHIEF EXECUTIVE OFFICER)
5.1
The Equal Opportunity Officer is responsible for: • • • •
•
ensuring that proper standards of conduct are maintained at all times in the workplace and that bullying is actively discouraged; being aware of, and ensuring that all staff and visitors are aware of, relevant legislation and the Branch's policy and procedures in relation to bullying; ensuring that all employees, including casual and fixed term employees, are aware of their legal responsibilities with respect to bullying; ensuring that all staff members are made aware of the possible avenues for advice and the procedures for making complaints with respect to bullying; and including information on EO issues in all induction training.
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6.
WORKPLACE CONTACT PERSONS
6.1
Workplace Contact Persons are responsible for: •
•
playing a pro-active role in the prevention of bullying by advising the Chief Executive Officer of workplace circumstances which could give rise to instances and complaints of bullying and by making recommendations for change; being the first point of contact for any person considering making a complaint or seeking advice about bullying.
7.
STAFF
7.1
All staff have a responsibility to: • •
ensure that their behaviour does not constitute, or foster, bullying; be aware of the ADAVB bullying policy and procedures.
8.
VISITORS
8.1
It is a condition of entry to the premises that all visitors comply with this policy.
8.2
Visitors who refuse to be bound by this policy may be refused entry.
8.3
Visitors who fail to comply with this policy may be asked to leave the premises.
9.
COMPLAINTS
9.1
See the Procedures for Advice and Complaint (Appendix 1 to this policy)
Branch Policy Statement
1.24
Number Adopted by Council
5 December 2011
Amended by Council Relevant Rules Relevant By-Laws See also
ADAVB Branch Policy Statement 1.24
BPS 1.16 Harassment
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Appendix 1 - Procedures for Advice and Complaint Appendix 2 - Principles of Complaint Resolution
ADAVB Branch Policy Statement 1.24
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PROCEDURES FOR ADVICE AND COMPLAINT
BPS 1.24 Appendix 1
1.
COURSES OF ACTION
1.1
Persons who believe that they are victims of bullying in the workplace have several courses of action open to them. Usually, it is preferable for all concerned to solve problems of harassment quickly, and internally, in a low-key and conciliatory way.
1.2
If you believe you are being bullied you may: • • •
tell the alleged offender that you object to the behaviour and do not want it repeated; write to the alleged offender outlining the cause for complaint and requesting that the behaviour stop; seek advice and support from a Workplace Contact Person or the Equal Opportunity Officer. If the Equal Opportunity Officer is the alleged offender, the matter should be directly discussed with the Branch President. In such circumstances the Branch President would perform the functions of the Equal Opportunity Officer.
2.
WORKPLACE CONTACT PERSON
2.1
The Workplace Contact Person will: • • • • • • •
be the first point of contact for a person considering making a complaint or seeking advice about bullying; listen to the complaint; provide the complainant with ongoing support; be able to inform the complainant of the range of options available; ensure confidentiality is maintained at all times; refer the complainant to the Equal Opportunity Officer if appropriate and if the complainant agrees. NOTE: It is NOT the role of the Workplace Contact Person to investigate or attempt to resolve a complaint. The Workplace Contact Person will refer the complainant to the Equal Opportunity Officer if they wish to lodge a formal complaint.
3.
EQUAL OPPORTUNITY OFFICER (CHIEF EXECUTIVE OFFICER)
3.1
The Equal Opportunity Officer will: • • • •
ensure that complaints of bullying, when brought to his/her attention, are dealt with promptly and confidentially; provide information and advice to employees wishing to lodge a complaint; investigate formal complaints of bullying; seek to conciliate formal complaints where appropriate in accordance with Appendix 2 to this policy;
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•
where conciliation does not resolve the complaint, or the problem is of a more serious nature, arrange for the complaint to be referred to the appropriate authorities.
4.
OTHER AVENUES
4.1
The Branch encourages complainants to attempt to resolve complaints through the process outlined in this policy. However, complaints may also be taken up with: Worksafe Victoria Ground Floor 222 Exhibition Street Melbourne 3000 Phone: (03) 9641 1555 Fax: (03) 9641 1222 Advisory Service: 1800 136 089 Email: info@worksafe.vic.gov.au
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BPS 1.24 Appendix 2 1.
PRINCIPLES OF COMPLAINT RESOLUTION
1.1
The following principles are fundamental to the operation of effective procedures for resolving complaints of bullying. • • • • • • • • • •
All complaints of harassment made against employees will be regarded as serious and will be accorded complete confidentiality. The focus will be on conciliation as the preferred mode of complaint resolution. The complainant will be informed of the ADAVB's bullying policies and procedures and will be provided with personal support where appropriate. The complainant maintains the right to determine the initial avenue for advice and complaint. When the Equal Opportunity Officer becomes aware of a formal complaint it must be acted upon immediately. The Equal Opportunity Officer must ensure that any bullying behaviour ceases immediately. All parties to a complaint have the opportunity to put their cases separately and be assured of an unbiased assessment of the situation. Appropriate counselling will be offered to parties to a complaint. Where possible, complaints and conciliation procedures will be handled at the workplace in order to avoid unnecessary escalation of complaints. Where this is not possible professional dispute resolution and conciliation services will be engaged.
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