Bullying Policy

A person is subjected to ‘workplace bullying’ 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 co-workers of the person that:

a) is unwelcome and unsolicited,

b) the person considers to be offensive, intimidating, humiliating or threatening,

c) a reasonable person would consider to be offensive, humiliating, intimidating or threatening.

Bullying is against the law. It makes the workplace uncomfortable, unpleasant and unproductive. In some instances, conduct may begin ‘in fun’ but this kind of behaviour can easily escalate and end up targeting individuals or particular groups of people, and can leave them feeling undermined, hurt and sometimes even physically injured.

The fact that harassment is not intended doesn’t mean that it is not unlawful. Differences in perceptions, particularly those of the inflicted person(s) must be respected and acknowledged.

What is Bullying?

There are many types of bullying. These can range from direct forms, such as abuse, threats and name-calling, to less direct forms such as where a hostile work environment is created, but no direct attacks are made on an individual.

Detailed below are examples of behaviours that may be regarded as workplace bullying, if the behaviour is repeated or occurs as part of a pattern of behaviour. This is not an exhaustive list – however, it does outline some of the more common types of bullying behaviours.

Examples include:

• 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

• 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

• Spreading gossip or false, malicious rumours about a person with an intent to cause the person harm

• Deliberate isolation from workplace activities

What is not Bullying?

There are bound to be occasional differences of opinion, conflicts and problems in working relationships – these are part of working life.

‘Workplace bullying’ does not include reasonable management action taken in a reasonable way by the person’s employer in connection with the person’s employment.

Victimisation

Victimisation is against the law and occurs where a person is treated badly because they have made, intend to make, or have helped someone else make a complaint or because they have provided information about a complaint. It also includes someone who has agreed to be a witness. Victimisation must not occur against any person considering lodging a discrimination or harassment complaint or who acts as an official or witness in any investigation.

Actions which would amount to victimisation include:

• Paybacks;

• Giving the person the cold shoulder, ignoring them or failing to acknowledge them;

• Punishments (e.g. no overtime, unfavourable shifts);

• Threats; and/or

• Intimidation

It is against the law for anyone to ‘victimise’ complainants. The Business takes complaints seriously; as such the business will treat all parties with fairness and confidentiality in relation to any complaints and investigations.

What to do if you are Discriminated against, Sexually harassed, Bullied or Victimised

If you feel sufficiently comfortable, you should talk directly to the person you feel is harassing, discriminating or victimising you, to raise your issues. Alternatively you could discuss these problems with your manager to try to resolve the situation. Workers may also contact the relevant external bodies for advice or support at any time.

It is useful to make a written note of any incidents that may constitute harassment, discrimination or victimisation, including dates, times, witnesses, what happened and what you said or felt.

When submitting a formal complaint, it should be kept simple and factual, and include all relevant details. There should be enough information to enable the business to undertake an investigation of the allegations, where appropriate. As a guide, a formal complaint should include the following information:

• What happened;

• Where and when the event(s) took place;

• Who was involved;

• Any witnesses to the events and their details;

• Any evidence (photos, written material);

• Any action which you have already taken in relation to your complaint; and

• What action you would like taken, or preferred outcomes, to resolve your complaint.

Your complaint will be taken seriously and dealt with in a fair and appropriate manner. Those helping you to resolve your complaint will maintain confidentiality and will only relate information with your consent.

Individual Responsibilities

Managers

Managers must:

• Ensure all staff (including temporary / casual workers and contractors) are aware of and understand this policy and related procedures;

• Ensure proper standards of conduct are maintained at all times;

• Set an appropriate example to staff;

• Take appropriate action to stop any form of harassment, discrimination or victimisation of which they are aware;

• Ensure confidentiality as far as possible is maintained;

• Maintain appropriate records.

Responsibilities of Staff

Staff (including temporary/casual workers and contractors) must:

• Be aware of, understand and comply with The Business’s Equity in the Workplace Policy;

• Think carefully about his/her behaviour and how it may impact on others;

• Respect the rights of others and never encourage harassment, discrimination and victimisation; and

• Ensure confidentiality is maintained in relation to any incident or complaint.

If you become aware that someone you work with is being harassed, discriminated against or victimised, you should offer your support to the person by:

• Offering to act as a witness (where relevant) if they wish to lodge a formal complaint;

• Refusing to participate in any activity which constitutes harassment, discrimination or victimisation;

• Encouraging them to use the options available to them in this policy to stop the behaviours/actions; and

• Reporting improper behaviour to a manager/team leader or other authorised person.

Consequences

The Business views any complaint of harassment, discrimination and/or victimisation seriously. Managers and team leaders who tolerate such behaviour will be held accountable for their actions or omissions.

If a complaint of harassment, discrimination and/or victimisation is substantiated, The Business may take disciplinary action, up to and including dismissal.

The Business may also take appropriate disciplinary action against an individual who is found to have made a vexatious claim of harassment, discrimination and/or victimisation.