Post on 19-Jul-2020
Presented by
Zoran Bukarica - OHS Officer
23 Sept. 2013
OVERVIEW
Definitions and terminology (overlap with other laws)
The Challenges
Assistance for members who are experiencing bullying
Bullying Reporting form
Internal Process for dealing with Bullying Allegations (Flowchart)
Managing Conflicts of interest
Assisting a member to defend bullying allegations
Role of the OHS Bullying & Harassment Officer
Information and Education
ANMF’s Commitment
WHAT IS BULLYING?
WorkSafe Victoria definition (October 2012)
“characterised by persistent and repeated negative behaviour directed at an employee(s) that creates a risk to health and safety”
EXAMPLES OF BULLYING
There are a broad range of direct and indirect bullying behaviours:
abusive, insulting comments or offensive language (incl. face-to-face, phone, email, text msg’s, social media) humiliating or putting someone down in front of others
spreading malicious rumours or misinformation about
someone
EXAMPLES OF BULLYING
changing work rosters and leave, to deliberately inconvenience a particular employee(s)
deliberately excluding someone from workplace activities
excessive scrutiny at work, unjustified criticism or complaints
setting unreasonable timelines or constantly changing deadlines
setting tasks that are unreasonably above or beyond a person’s skill level
withholding information that is vital for effective work performance
WHAT IS NOT BULLYING?
A single incident of negative behaviour
Low level workplace conflict
Reasonable management actions (if carried out in a fair and reasonable manner)
WHAT IS NOT BULLYING?
Examples of Reasonable Management Actions: setting performance goals, standards, deadlines
rostering and allocating working hours
transferring a worker for operational reasons
deciding not to select a worker for promotion
informing a worker about unsatisfactory work performance if undertaken as per Agreements, such as performance management guidelines
informing a worker about inappropriate behaviour in objective, confidential way
implementing organisational changes or restructuring
termination of employment
TERMINOLOGY
Use of appropriate terminology and distinction between these related concepts is really important:
Harassment - “unwelcome behaviour that offends, humiliates or
intimidates a person because of a particular personal characteristic protected by anti-discrimination laws”(i.e. race, age, gender, disability, religion, sexuality)
Discrimination
Direct discrimination - unfavourable treatment because of a ‘protected’ attribute in an area of public life
Indirect discrimination occurs where a requirement, condition or practice disadvantages a person with a protected attribute
THE CHALLENGES
Downwards bullying from managers with authority over staff (power position) very common in health sector workplaces
Embedded bullying culture common in smaller workplaces incl. aged care facilities
Difficulties for staff to raise their bullying complaint against a D.O.N if their bullying behaviour is condoned by CEO & Board
Members are often forced to accept what is happening or eventually resign and many leave the profession
ASSISTANCE FOR MEMBERS WHO ARE
EXPERIENCING BULLYING
Advice and information provided by Info. Line
Referred to Organiser - assess allegations, assist with formal complaint or investigation process
Encouraged to seek counselling at Nursing and Midwifery Health Program (NHMP)(Initiative of the Nurses Board of Victoria and ANMF (VB))
Encouraged to submit Workers Compensation claim for psychological injury
THE PROCESS
Managing Bullying Complaints flowchart ANMF initial contact – via Info Line, Organiser
Lodging workplace complaints, pursue investigation
Lodging WorkSafe complaints
Application for internal review
ANMF INITIAL CONTACT
Part 1 - ANMF Initial Contact 1. Has the member documented details of the alleged incidents? E.g. Diary of events with dates, times and witnesses?
Refer to Bullying Reporting Form
WORKPLACE POLICIES AND PROCEDURES Always encourage member to obtain workplace policies
on bullying and issue resolution/grievance procedure
Formal complaint should be made in accordance with Bullying policy
Often complaint is not handled in appropriate manner or in accordance with policy – we can then refer to policy
What if there is no policy?
BULLYING REPORTING FORM Assists members to document details of their
bullying incidents in an appropriate format Incl. date, time, location, witnesses, what happened, action
taken and any accompanying supporting documentation
Assists ANMF staff to assess bullying complaint Does alleged behaviour fall within the definition of workplace
bullying (or is it reasonable management action)?
Does the behaviour look like harassment or discrimination or something else?
LODGING WORKPLACE COMPLAINTS
THE COMPLAINT
Essential that the complaint be well written, using a structured, chronological outline
Quality of complaint can impact on investigation outcome
Should only include relevant details
Should avoid any emotive and inflammatory language
Should be written objectively and factually
INITIAL MEETING/DURING
INVESTIGATION
Role of ANMF
Distinction between support person and representative
Support during process
AFTER THE INVESTIGATION
Review of outcome and investigation process
Review of planned action
Negotiation of appropriate action following outcome Even if allegations are unsubstantiated, management
action may still be appropriate
Creative solutions may be required to resolve issues
LODGING WORKSAFE COMPLAINTS
APPLICATION FOR INTERNAL REVIEW
MANAGING CONFLICTS OF INTEREST
Inter-member disputes
Referred to relevant Industrial Officer for delegation to another Organiser or the OHS B&H Officer, where required
The ANMF’s role is not to take sides in inter-member bullying issues
ASSISTING A MEMBER TO DEFEND
BULLYING ALLEGATIONS Obtain copy of Bullying policy
Allegations must be specific in nature
Request copy of allegations and relevant details
Assist with responding to allegations
Ensure procedural fairness for investigation
ROLE OF ANMF OHS BULLYING &
HARASSMENT OFFICER
Provide advice to Organiser during process Review the allegations and determine if they constitute bullying or not
Provide advice of appropriate next steps
Attend meetings with member if required by the Organiser
Determine whether the investigation process was appropriate
Determine whether the planned actions are appropriate
Review the workplace Bullying policy and procedures
Review whether appropriate to contact WorkSafe to make complaint or not
ROLE OF ANMF OHS BULLYING & HARASSMENT OFFICER …CONT
Write to the employer when investigation/outcome/planned actions are problematic
Attend meetings with employer to negotiate appropriate actions to resolve the bullying issues
Consideration of injury to employment as result of making complaint
? s242AA Accident Compensation Act action
? s76 OHS Act action
Legal referral to ANMF lawyers where indicated
INFORMATION AND EDUCATION
Information and Advice
ANMF (Vic Branch) Info. Line provide advice and information
Workplace Bullying Policy
Guide to Assist members – Workplace Bullying (on-line)
Bullying Information Packs (sent out to member)
Brochure, Articles in newsletters
Education and Awareness
Seminars for Prevention of workplace bullying (x2 per year)
Professional issues conference
WorkSafe Approved HSR training provider
ANMF‘S COMMITMENT
The ANMF (Vic Branch) believes that bullying behaviour is not acceptable and should not be tolerated in any workplace.
Everyone at the workplace has a responsibility to ensure that bullying does not occur
Everyone should be expected to work and behave professionally and treat each other with tolerance, dignity and respect