Policy_No__2012_01_Countering_Workplace_Harassment__Policy_External_Policy by Dave Tehan

QUEENSLAND INDEPENDENT EDUCATION UNION INDEPENDENT EDUCATION UNION OF AUSTRALIA â&#x20AC;&#x201C; QUEENSLAND AND NORTHERN TERRITORY BRANCH

Countering Workplace Harassment Policy Policy Number:

2012.01

Status

Approved

Description:

Countering Workplace Harassment Policy

Version:

Document Originated:

Equity Committee

To be Reviewed:

2014

Date Originated:

November 2003

Approval:

25 March 2012

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TABLE OF CONTENTS 1. PREAMBLE ......................................................................................................... 3 2. DEFINITIONS....................................................................................................... 4 Workplace Harassment ............................................................................ 4 3. TYPES OF HARASSMENT .................................................................................. 5 Verbal Harassment ................................................................................... 5 Non-verbal Harassment............................................................................ 6 Physical Harassment ................................................................................ 6 Professional Harassment ......................................................................... 6 Technological Harassment and Cyberbullying ......................................... 7 Sexual Harassment .................................................................................. 7 4. IMPACT OF WORKPLACE HARASSMENT ........................................................ 8 Impact on the Individual............................................................................ 8 Impact on the Workplace .......................................................................... 8 5. POLICIES AND PROCEDURES .......................................................................... 9 Key Principles........................................................................................... 9 Policy ........................................................................................................ 9 Procedures ............................................................................................. 10 6. GUIDELINES FOR RESOLUTION PROCESSES.............................................. 10 Informal Complaint Procedure ................................................................ 10 Formal Complaint Procedure.................................................................. 11 7. RESPONSIBILITIES .......................................................................................... 12 Employer Responsibilities ...................................................................... 12 Employee Responsibilities...................................................................... 12 8. THE COMMITMENT OF THE IEUA-QNT ........................................................... 13

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1. PREAMBLE IEUA-QNT considers any form of harassment, including bullying or violence in the workplace to be unacceptable behaviour. All staff and students should be able to work in an atmosphere based on mutual respect and the dignity of each individual. All acts of harassment, bullying and violence are contrary to an employerâ&#x20AC;&#x;s duty of care to provide a safe environment for work and learning. Under the model Work Health and Safety Act 2011, which has now been enacted in both Queensland and the Northern Territory, an employer has an obligation to ensure the health and safety of everyone in their workplace. Employees also have an obligation to take reasonable care at work. Harassment in the workplace is recognised as a significant occupational health and safety issue across workplaces in the Australian community and is a major source of stress, illness and poor morale. As well as being a serious safety issue, workplace harassment affects industrial outcomes in the workplace by undermining working conditions. It is also affects the professional capacity of staff by its impact on teaching, learning and staff morale. There is evidence that the problem is of such magnitude that one in four persons will be exposed to some form of harassment at some stage in their working lives. Harassment which is specific to gender, race, age, religion, political/union activity, sexual preference, family status/responsibilities and health status/disability could constitute unlawful discrimination under the Commonwealthâ&#x20AC;&#x;s Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, the Northern Territory Anti-Discrimination Act 1996 and the Queensland AntiDiscrimination Act 1991. Some forms of technological bullying may be unlawful under the Commonwealth Telecommunications Act 1997. The obligations of all parties under all relevant legislation need to be known, understood and adhered to. Specifically, it is our belief that employers must lead by example. Employers have the capacity to ensure procedures are put in place to both discourage workplace harassment and to support those who suffer at the hands of harassers. As our workplaces are also places of community, employers must demonstrate leadership to their communities so that not just staff, but students and their families are aware that harassment in any form will not be tolerated. Whilst workplace harassment presents considerable cost to employers through time lost from the workplace, increased workers compensation premiums and defence of legal claims, the greatest cost is borne by those experiencing harassment and their families. The adverse health effects of associated stress or other psychological injury will often present a considerable long term burden for the affected member and their family. This policy sets out to define workplace harassment, describe the impact such harassment has on workplaces and outline the key elements for the establishment of policy and procedures to deal with such harassment in individual workplaces. It also outlines the responsibilities of employers and employees and the commitment of the IEUA-QNT.

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The IEUA-QNT is committed in the strongest terms to preventing any form of workplace harassment. The IEUA-QNT is committed to ensuring employers have appropriate procedures in place to minimise the impact of workplace harassment and to find adequate and appropriate responses that deliver sustainable resolutions. 2. DEFINITIONS Workplace Harassment Workplace harassment is the persistent and repeated ill treatment of an individual worker by one or more staff members, which could reasonably be regarded as undermining that individual worker‟s right to dignity at work. The harassment can be dispute-related or predatory, where the targeted person may be a random and/or opportunistic target. An isolated incident of the behaviour described in this definition may be an affront to personal dignity at work, but as a once-off incident is not considered harassment. Workplace harassment is largely the repeated abuse or misuse of power in the workplace. This power can derive from status and authority over others such as in the case of a manager or supervisor. It can also occur where power and authority is derived from more subtle sources such as being part of a dominant group or culture. Workplace harassment is defined in the Workplace Health and Safety Queensland‟s Prevention of Workplace Harassment Code of Practice 2004 as follows: “A person is subjected to „workplace harassment‟ if the person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by a person, including the person‟s employer or a co-worker or group of coworkers of the person that: (a) (b) (c)

is unwelcome and unsolicited the person considers to be offensive, intimidating, humiliating or threatening a reasonable person would consider to be offensive, humiliating, intimidating or threatening.

Workplace harassment does not include reasonable management action taken in a reasonable way by the person‟s employer in connection with the person‟s employment.” The following behaviours are examples the Code provides of more common types of harassing behaviours:      

abusing a person loudly, usually when others are present; repeated threats of dismissal or other severe punishment for no reason; constant ridicule and being put down; leaving offensive messages on email or the telephone; sabotaging a person‟s work, for example, by deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting a person into trouble in other ways; maliciously excluding and isolating a person from workplace activities;

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persistent and unjustified criticisms, often about petty, irrelevant or insignificant matters; humiliating a person through gestures, sarcasm, criticism and insults, often in front of customers, management or other workers; and spreading gossip or false, malicious rumours about a person with an intent to cause the person harm.

This list is not meant to be exhaustive and could also include:         

rude, foul and abusive language; aggression and intimidation; blocking promotion; unexplained rage; practical jokes; favouritism; overloading of work; setting impossible deadlines; and being isolated or ignored on a regular basis.

The Code states that there are bound to be occasional differences of opinion, conflicts and problems in working relationships as these are part of working life. However, it also states that if the workplace behaviour is repeated, unwelcomed and unsolicited, and offends, intimidates, humiliates or threatens a person, then workplace harassment exists and action must be taken to stop the behaviour. The Northern Territory does not have a specific code of practice as such, but it will be subject to the Federal model Code of Practice, currently under development and due for release in mid to late 2012. The Principles applied in Queensland‟s Prevention of Workplace Harassment Code of Practice 2004 are universal and can be readily applied to matters of workplace harassment in the Northern Territory. 3. TYPES OF HARASSMENT Harassment in the workplace can take many forms. It can be overt or subtle, direct or indirect. Harassment as a result of work can also occur outside the workplace. Workplace harassment may occur between colleagues, across age and gender, between groups or individuals. In relationships where formal authority and power can be exercised, it can be particularly distressing and intimidating, especially if threats are made in relation to performance review or to job security. Verbal Harassment Forms of verbal harassment include:     

imitating someone‟s accent spreading rumours; obscene telephone calls; offensive jokes; repeated questions about personal life;

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threats, insults or name calling; the use of language that is not suitable in the workplace; suggestive comments about a person‟s private life or sexual preference; speaking in a language that the subject of the comment cannot understand; use of offensive ditties, songs, chants or war cries; and making unwelcome comments about a person‟s clothing or physical attributes.

Non-Verbal Harassment Forms of non-verbal harassment include:            

putting sexually suggestive, offensive or degrading/insulting material on walls, computer screen savers, email, etc; suggestive looks or leers; unwelcome practical jokes; displaying or circulating racist cartoons or literature; mimicking someone with a disability; ignoring someone or being particularly cold or distant with them; continually ignoring or dismissing someone‟s contribution in a meeting/discussion; not sharing information; moving or taking items of property; placing rubbish in target‟s pigeon hole; unsolicited letters, faxes, text or email messages and offensive graffiti.

Physical Harassment Forms of physical harassment include:      

offensive hand or body gestures; unnecessarily leaning over someone; unnecessary and unwelcome physical contact (pinching, patting, brushing up against a person, touching, kissing, hugging); indecent or sexual assault or attempted assault; pushing, shoving, jostling or fighting; and putting a hand or an object (like a payslip or a note) into someone‟s pocket.

Professional Harassment Forms of professional harassment include:   

threat of pay back for complaining about conditions, for example, workload issues including class size, timetable and equity in workload; unreasonably withholding opportunities such as professional development and higher duties; and creating barriers to promotion by selection based on criteria other than merit.

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Technological Harassment and Cyber Bullying Technology is now a significant form of communication between school administrators and staff, as well as between staff and their student families. This has opened another arena for workplace harassment. Such technological harassment may involve:         

abusive and/or repeated phone calls of an intimidatory or harassing nature; threatening or suggestive emails; unacceptable and unwarranted fax material; inappropriate comments on social networks, messaging sites and blogs; creation of web pages pertaining to a person without consent; misuse of personal information and photos derived from personal web pages; sending of inappropriate text messages; the taking of photos and videos without consent; and broadcasting of photos and videos without consent.

The nature of the use of technology is such that the harassment is not necessarily confined to work hours, or even to the workplace. Depending on the content, such actions may also contravene the Commonwealth Telecommunications Act 1997. Sexual Harassment Sexual harassment is any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated. Sexual harassment is not interaction, flirtation or friendship which is mutual or consensual. Sexual harassment is a type of sex discrimination. Sexual harassment disproportionately affects women with 1 in 5 experiencing sexual harassment in the workplace at some time. However, 1 in 20 men also report experiencing sexual harassment in the workplace. Sexual harassment can take many forms – it can be obvious or indirect, physical or verbal, repeated or one-off and perpetrated by males and females against people of the same or opposite sex. Sexual harassment may include:          

staring or leering unnecessary familiarity, such as being deliberately brushed up against or unwelcome touching suggestive comments or jokes insults or taunts of a sexual nature intrusive questions or statements about a person's private life displaying posters, magazines or screen savers of a sexual nature sending sexually explicit emails or text messages inappropriate advances on social networking sites accessing sexually explicit internet sites requests for sex or repeated unwanted requests to go out on dates

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behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

Sexual harassment is unlawful and is dealt with under the relevant legislation by the Anti-Discrimination Commission of Queensland or Australian Human Rights Commission. 4. IMPACT OF WORKPLACE HARASSMENT Workplace harassment can have a serious adverse impact on work satisfaction and performance of those targeted for harassment, their colleagues and for the workplace more generally. Harassing behaviour is often perceived to be too trivial to warrant attention. The person subjected to harassment may seem to others to be unaffected by the behaviour. Experience has shown, however, wherever harassment occurs the cumulative effects may:     

erode the well-being of the individual or group targeted; undermine or sour the work atmosphere; cause fractiousness in workplace relationships; lower the harassed worker‟s overall performance; and reduce overall workplace productivity.

Impact on the Individual A person exposed to harassment may feel:     

angry · isolated · undermined demoralised · demotivated · fearful confused · stressed · belittle anxious · bewildered · frustrated powerless · intimidated · demeaned

These feelings may manifest in physical and/or emotional responses such as migraines, tension headaches, irritability, nausea and gastro-intestinal symptoms, sleeplessness, lethargy, depression, lack of motivation, anger, loss of self esteem and confidence, anxiety, bewilderment, irritability and frustration. Impact on the Workplace Harassment in the workplace may lead to:     

increasing absenteeism, sick leave or staff turnover; lowering morale, eroding staff loyalty and commitment; creating an unsafe work environment; reducing efficiency and productivity; adverse publicity, poor public image;

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increasing costs to the employer associated with counselling, mediation, recruitment and training of new staff, WorkCover claims and the potential rise in premiums and/or rehabilitation costs; and increasing costs to the employer from failure to meet legislative provisions and defending civil and criminal action.

5. POLICIES AND PROCEDURES For schools and other workplaces to meet their statutory and common law obligations, effective policy and procedures should be developed that clearly set out what is expected of staff, students and parents in terms of appropriate behaviour and what steps will be taken if a complaint of harassment is made. Employers should implement mechanisms to identify any warning signs, encourage all members of the workplace to report incidents of harassment and also ensure there is no victimisation for having made a complaint or having supported someone else to do so. The key principles underpinning such policy and procedures are outlined below. Key Principles 1. Create a working environment which is free from harassment and where all members of staff are treated with dignity, courtesy and respect; 2. Implement training and awareness raising strategies to ensure that all employees know their rights and responsibilities; 3. Provide an effective procedure for making and dealing with complaints based on the principles of natural justice; 4. Treat all complaints in a sensitive, fair, timely and confidential manner; 5. Provide protection from any victimisation or reprisals; 6. Encourage the reporting of behaviour which breaches the harassment policy; 7. Promote appropriate standards of conduct at all times; and 8. Provide for the appointment of a Contact Officer whose role is to provide information and advice around workplace harassment and the workplace harassment policy. Policy Such a policy should:  

state that workplace harassment is inappropriate and will not be tolerated; define workplace harassment and the types of behaviour which constitute such behaviour;  include statements as to the risks to individuals, workers and the organisation;  encourage workers who experience or witness harassment to report it to the relevant authority;  acknowledge such reporting is a legitimate and positive contribution and obligation to workplace well-being;  ensure support and no retaliation against workers who report harassment; and  support people who are harassed;  promote a positive and respectful work environment;  have clearly delineated positions;

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include procedures for dealing with harassment; and contain a commitment to education and review in regard to the policy and associated procedures.

Procedures Such procedures should be a logical application of the policy statement. The main aims of procedures to counter workplace harassment should be to ensure that the behaviour stops, that there are no reprisals for having made a complaint and where disadvantage has occurred, the situation is redressed as far as possible to the complainant‟s satisfaction. Such procedures should:      

be in plain English; assign no blame; be fair and equitable; ensure principles of natural justice are upheld, including right of a respondent to answer allegations; ensure privacy and confidentiality of all involved; and be aimed at resolving the problem rapidly.

Procedures for dealing with harassment should contain an informal and formal procedure for harassment resolution in various circumstances. 6. GUIDELINES FOR RESOLUTION PROCESSES Informal Complaint Procedure The informal complaints procedure emphasises resolution, rather than factual proof or substantiation of a complaint and should be undertaken with a „no blame‟ approach. Informal ways of dealing with harassment can include the following action:  

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the individual who has been harassed approaches the person who they believe has behaved towards them in a harassing manner and expresses their concern about this; the individual who has been harassed asks their supervisor to speak to the alleged harasser on their behalf. The supervisor privately conveys the individual‟s concerns and reiterates the organisation‟s policy to the alleged perpetrator without assessing blame or the merits of the case; a complaint is made, the perpetrator admits the behaviour, investigation is not required and the complaint can be resolved through conciliation or counselling; a supervisor or manager observes unacceptable conduct occurring and takes independent action even though no complaint has been made.

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Informal action is usually appropriate where:   

the allegations are of a less serious nature but the individual subjected to the behaviour wants it to cease nonetheless; or the individual subjected to the behaviour wishes to pursue an informal mediation resolution; or the parties are likely to have ongoing contact with one another and the complainant wishes to pursue an informal resolution so that the working relationship can be maintained.

An employee should not be required to use or exhaust informal attempts at resolution before formal action commences. Employees have the right to formalise their complaint or approach an external agency, such as Workplace Health and Safety Queensland or Fair Work Australia, at any stage. Formal Complaint Procedure This formal procedure will focus on investigating whether a complaint is substantiated. Procedures employed by a workplace for an investigation of a complaint should be such that a proper and ethical investigation is carried out and a transparent investigation process is followed. Formal procedures usually involve:       

investigation of the allegations; application of the principles of natural justice; support of complainant, witness/es and respondent; making a finding as to whether the harassment occurred; submitting a report with a recommended course of action to the appropriate decision-maker (senior management); and the implementation of an appropriate outcome.

Formal procedures are usually appropriate where:     

informal attempts at resolution have failed; the complaint involves serious allegations of misconduct and informal resolution could compromise the rights of the parties; the complaint is against a more senior member of staff. Formal procedures help to ensure that the complainant is not victimised or disadvantaged; the allegations are denied, the person who claims to have been harassed wishes to proceed and investigation is required to substantiate the complaint; or the person alleging harassment wishes to make a formal complaint from the outset.

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7. RESPONSIBILITIES Employer Responsibilities In relation to countering workplace harassment the employer has the responsibility to:                    

provide a safe workplace for employees; create an environment where staff can say „no‟ to unacceptable behaviour without negative repercussions; inform staff, students and parents of relevant legislation; consult with staff to develop and publish relevant policy and procedures; educate staff, students and parents about rights and responsibilities ensure publications and education programs address the appropriate use of technology; respond promptly and appropriately to all complaints; provide appropriate procedures and facilities to deal with staff and students whose behaviour places others at risk; acknowledge that workplace harassment is a significant hazard and that there is a potential for this at all worksites; develop a clear statement of zero tolerance to workplace harassment; develop prevention strategies, in consultation with staff; provide clear guidelines for implementing prevention measures, including grievance procedures as well as education and training; provide procedures for dealing with complaints confidentially, promptly and without fear of reprisal; implement disciplinary procedures where a perpetrator deliberately persists with their unacceptable behaviour towards others; provide perpetrators with counselling, retraining and removal from their position of power until their behaviour is modified; identify, assess and control risk factors, including harassing behaviour in the workplace, to provide a safe working environment for students and staff; regularly monitor and review policies, practices and procedures for dealing with workplace harassment in order to ensure that these remain effective; ensure that managers have the skills and knowledge to deal effectively with harassment, and guarantee that reports of bullying do not result in reprisals; provide counselling and support for targets of harassment; and encourage workers to report all incidents of harassment.

Employers have significant resources at their disposal through Workplace Health and Safety Queensland to assist them with risk management and to support their compliance with the legislative obligations. There is no excuse for any workplace to develop a culture of workplace harassment. Employee Responsibilities Employees have a responsibility to: 

participate in relevant training and professional development;

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be involved in the development of policy and procedures; be informed of relevant legislation; and engage in appropriate behaviour in accordance with all stated expectations, policy and procedures.

Employees must not engage in conduct which perpetuates a culture of workplace harassment. Employees must also be mindful of their own perceptions. Even where it is not intended to offend, if conduct does offend and would offend a reasonable person, then it is likely that harassment has occurred. The converse also applies – where conduct has offended, legally it is only harassment if a reasonable person would consider it offensive. 8. THE COMMITMENT OF THE IEUA-QNT IEUA-QNT commits to:      

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ensuring that employers fulfil their responsibilities to prevent workplace harassment by developing, in consultation with workers, effective procedures for preventing harassment and for dealing with complaints of harassment; lobbying governments to seek necessary legislative changes to ensure that education workers are protected from workplace harassment as well as organisational bullying; supporting harassed members and assisting in the prevention of harassment by advising members of their rights and responsibilities; informing and educating members about the prevention of workplace harassment; ensuring that both the respondent and the complainant are guaranteed due process and their right to natural justice; identifying organisational factors which can contribute to harassment in workplaces, such as excessive performance management and any unfair policies, practices and procedures with regard to staff placement, training and development or promotional procedures; ensuring that providers of Workplace Health and Safety Training include modules on workplace harassment in courses for Health and Safety Representatives; and monitoring the effectiveness of this policy to ensure IEUA-QNT members gain full support and protection against workplace harassment.

All IEUA-QNT members, whether submitting a complaint of harassment or responding to a complaint of harassment, will receive appropriate support from the Union. There is no place for harassment in any workplace. The IEUA-QNT will continue to work to towards ensuring its members are safe from harassment at work.

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