DGL AUST Pty Ltd T1450 Bullying and Harassment

DGL (AUST) Pty Ltd T-1450 Bullying and Harassment This work has been produced by DGL (Aust) Pty Ltd This Learner’s Tool is about the skills and knowledge required for Bullying and Harassment at DGL (Aust) facilities. 12/07/2006 Rev B 1

DGL (AUST) Pty Ltd Before you get started • • • It is important that you complete all sections in this learning tool as it has been designed so that You can abide by the procedures of our organization. You can apply what you have learnt in this package in your day to day activities • This Learning Tool is designed to be relevant only to DGL (Aust) Pty Ltd employees and only applied whilst employed with DGL (Aust) Pty Ltd • You may have already acquired knowledge in the area identified in this package as you may have completed some specialized training. Or you may have been working within the industry for some time. Should you identify any improvement opportunities in the information contained in this package or have difficulties completing the package please contact National Training and Compliance Manager DGL (Aust) Pty Ltd PO BOX 1594 EAGLE FARM QLD 4009 Ph 07 3868 1001 Fax 07 3868 1055 12/07/2006 Rev B 2

DGL (AUST) Pty Ltd Workplace Bullying and Sexual Harassment Policy, procedures and guidelines for the prevention and elimination of workplace bullying and sexual harassment 12/07/2006 Rev B

DGL (AUST) Pty Ltd Rights and Responsibilities l National Health and Safety Act 2012 l Australian Human Rights Commission Act 1986 Sex Discrimination Act & Racial Discrimination Act (need to be taken in account) & various State’s acts in this area Definition includes both physical and psychological health and safety. Common Law • Employers have a duty of care to their employees • Vicarious liability Employees must comply with instructions given by the employer in regards to workplace health and safety. l l 12/07/2006 Rev B

DGL (AUST) Pty Ltd What is Bullying in the workplace? l Bullying is unwanted, offensive and often also frightening behavior that creates a risk of physical and/or psychological harm. It can involve: • Shouting or abusive language (including swearing or name • • • calling) Laughter or insulting comments because of an employee’s lack of experience, appearance, race, religion or sexual preference Physical abuse – people pushing, poking, tripping, hitting or threatening to hurt an employee. At work bullying can come from co-workers, supervisors or customers. There are many different forms of bullying. 12/07/2006 Rev B

DGL (AUST) Pty Ltd What is Bullying in the workplace? continued It is vital to act promptly to eliminate bullying in the workplace. Employers have a legal duty to protect the health, safety and welfare of their employees. This duty could include eliminating risks arising from workplace bullying. Ongoing bullying can be costly in terms of increased sick leave, absenteeism and turnover. By creating a work environment which does not tolerate bullying, employers can substantially improve staff commitment and productivity 12/07/2006 Rev B 6

DGL (AUST) Pty Ltd What is Harassment? l Harassment is any behaviour which is not invited or welcomed and which often occurs because of a person’s sex, age, race, marital status, disability, sexuality, religious beliefs or political persuasion Harassment often occurs when power is used inappropriately. It is not always intended and acts which may seem trivial or amusing to one person may hurt or offend others acts of hatred on the grounds of race, religion, homosexuality or HIV/AIDS may constitute vilification contrary to Australian Human Rights Commission Act 1986 12/07/2006 Rev B

DGL (AUST) Pty Ltd How do we identify workplace bullying and harassment? If you are unsure, ask yourself, does the person’s behaviour, whether verbal or nonverbal: l. Offend, frustrate, demean, isolate or intimidate? l. Reduce a person’s status, make them feel powerless? l. Reflect on the way you would like to be treated? The below answers to any question could show signs of bullying l. I was only mucking around! l. I was just trying to make him work harder. l. Can’t she take a joke? l. She was asking for it 12/07/2006 Rev B

DGL (AUST) Pty Ltd Examples of workplace bullying and harassment l Physical-physical contact, assault l Verbal-yelling, screaming, offensive language, insults l Non-verbal-mimicking, making fun of attributes, tampering, displaying written or pictorial material l Professional-isolating, ignoring, undermining, denying, overworking, threats Note. Just because a person is not objecting out 12/07/2006 Rev B loud (to jokes and behaviour) doesn’t mean

DGL (AUST) Pty Ltd Bullying is not! Workplace harassment and bullying does not include: l l l Constructive feedback Counselling on work performance or workrelated behaviour that may include critical comments indicating performance deficiencies Occasional differences of opinion Non aggressive conflicts Reasonable management action 12/07/2006 Rev B

DGL (AUST) Pty Ltd Some reasons why bullying and harassment might occur? l Poor people management practices and skills – micromanagement. l Dubious ‘initiation’ practices. l Pressures of workplace- tight deadlines. l Low self esteem, feeling threatened, competition for promotion. l Lack of policy l Workplace culture – main reason bullies exist in an organisation. 12/07/2006 Rev B

DGL (AUST) Pty Ltd Effects of Bullying and Harassment Bullying and harassment can have a detrimental impact on both the organisation and individual employees. Effects on employees can include: • Psychological illness e. g. stress, depression, anxiety • Physiological illness such as nausea, headaches and migraines, fatigue. Effects on the organisation can include: • Increased costs due to absenteeism, staff turnover, Work. Cover premiums, law suits, fines, compensation. • Negative publicity, difficulty in attracting or retaining quality staff, Employees who are concentrating on bullying others, or avoiding being bullied are not concentrating on doing their jobs well and are not 100% productive. 12/07/2006 Rev B

DGL (AUST) Pty Ltd What is Sexual Harassment “An unwelcome request for sexual favours or other unwelcome conduct of a sexual nature”. l l Sexual harassment may be an isolated instance or a series of incidents and can effect anyone regardless of gender. Sexual Harassment is an abuse of power. Sexual Harassment which involves physical harassment may be considered to be sexual assault. Some types of sexual harassment may be offences 12/07/2006 Rev B

DGL (AUST) Pty Ltd Examples of sexual harassment l l l l Personally offensive verbal comments Sexual or smutty jokes Comments about a person’s alleged sexual activities or lifestyle Persistent unwelcome social invitations or phone calls Being followed home from work Stares and leers Offensive hand or body gestures 12/07/2006 Rev B

DGL (AUST) Pty Ltd Other contexts of bullying and harassment l Harassment or Bullying behaviour of a member of staff (Public display or circulation through electronic mail of material, including jokes, Physical and/or verbal threats and assault) 12/07/2006 Rev B 15

DGL (AUST) Pty Ltd What is Not Sexual Harassment Behaviour which is based on: l Mutual attraction l Friendship l Respect If the interaction is consensual, welcome & reciprocated, then it is not sexual harassment 12/07/2006 Rev B 16

DGL (AUST) Pty Ltd How do we stop Bullying and Harassment? l l l Educate Communicate Train 12/07/2006 Rev B 17

DGL (AUST) Pty Ltd What can we do? Inform, Convey and Instruct l l l Firstly DGL has Zero tolerance towards either Sexual Harassment or Bullying and harassment will not go away unless we do something about them. Silence and denial will only reinforce Proactive and reactive approaches Training and education, Conflict resolution skills (in-house training) Informal and formal options for redress which are confidential, timely and objective 12/07/2006 Rev B 18

DGL (AUST) Pty Ltd What can we do? Inform, Convey and Instruct l l l Policies on workplace bullying and ensuring all staff and Clients are made aware of their content, meaning and implication Bullying and harassment contact Supervisor/ Manager Focusing on improving relationships between staff and Customers by clarifying what is and is not acceptable behaviour (top down modelling, culture) 12/07/2006 Rev B

DGL (AUST) Pty Ltd Roles l l Everybody has a role to play in preventing Bullying and Sexual Harassment! Managers must ensure all are aware of Bullying and Harassment and the consequences of this. Supervisors must ensure to deal expeditiously, any report or complaint. Employees must not engage, in either harassment or bullying ever. 12/07/2006 Rev B

DGL (AUST) Pty Ltd Preventing and Resolving Workplace Bullying and Harassment l l Preventative action Personal resolution-informal Expression of concern Lodge a complaint-formal 12/07/2006 Rev B

DGL (AUST) Pty Ltd Preventing and Resolving Workplace Bullying and Harassment Con’t… Informal l Two approaches • Direct approach (personal resolution) • Private, informal resolution • Mediation • Meeting between the parties with a view to resolving the matter • Manager/Supervisor may act as mediator, or an external mediator may be used • P-180 and if deemed necessary P-800 • Contact HESQ unit for guidance & assistance 12/07/2006 Rev B

DGL (AUST) Pty Ltd Preventing and Resolving Workplace Bullying and Harassment Con’t… Expression of Concern l Staff members who have observed bullying may register an expression of concern. l Support and advice is available from HESQ Unit l Does not involve a formal complaint 12/07/2006 Rev B

DGL (AUST) Pty Ltd Preventing and Resolving Workplace Bullying and Harassment Con’t… Lodge a formal complaint l A formal complaint can be lodged if informal procedures are not suitable. l Two tiered process • Local level • System level 12/07/2006 Rev B

DGL (AUST) Pty Ltd Resolving complaints at Local Level l l l l Verbal complaint Seek support Respondent made aware of the complaint before investigation initiated Interview complainant Interview respondent Negotiate resolution between parties, which may include mediation Signed record of steps taken and outcomes Time frame: 5 working days 12/07/2006 Rev B

DGL (AUST) Pty Ltd Resolving complaints at the System Level l Ø Ø Ø Written notification of a complaint On receipt of a complaint, investigation initiated After being investigated previously (at local level): interview the complainant interview the respondent where necessary, interview any witnesses named by the complainant or the respondent; keep a record of the steps taken; maintain a written record of interviews; provide a written report to the Managing Director. 12/07/2006 Rev B

DGL (AUST) Pty Ltd Investigation Process l Establish a transparent process • • • Inform all parties (of process, timeline, principles of investigation, support person) Review background information Conduct interviews (complainant, respondents, witnesses) Investigation report Inform all parties of findings (substantiated or not) Follow up action (disciplinary, counselling, record keeping) 12/07/2006 Rev B

DGL (AUST) Pty Ltd Test your knowledge • Through the following slides you will be asked an number of questions to show that you have understood the content of this learning tool • Please record your answer on the training form F-260. • You will be required to submit the answers to the DGL HSEQ unit 9/11/2021 28

DGL (AUST) Pty Ltd Question 1 What is Bullying? a) b) c) d) Unwanted, offensive and often also frightening behavior that creates a risk of physical and/or psychological harm. Behavior that is annoying. Communication on the telephone Sending an email. 12/07/2006 Rev B 29

DGL (AUST) Pty Ltd Question 2 What is Sexual Harassment? a) Helping move a odd shaped carton b) Offering to share lunch c) Asking what a person did over the weekend d) An unwelcome request for sexual favours or other unwelcome conduct of a sexual nature 12/07/2006 Rev B 30

DGL (AUST) Pty Ltd Question 3 Who do you tell first if you have a complaint? a) Your Leading hand b) Managing Director c) Supervisor/Manager d) Local member of Parliament 12/07/2006 Rev B 31

DGL (AUST) Pty Ltd Question 4 Who has responsibility to prevent Bullying and Harassment? a) Union Delegate b) Everybody has a role to play in preventing Bullying and Sexual Harassment c) Customers d) Cleaner 12/07/2006 Rev B 32

DGL (AUST) Pty Ltd Question 5 How much tolerance does DGL have towards Bullying and Harassment? a) b) c) d) Zero Tolerance A little bit is not a problem More than one instance is not good Depends on who is affected 12/07/2006 Rev B 33

DGL (AUST) Pty Ltd Additional information Various State Acts that we have to comply with. l l l The Equal Opportunity Act 1984 (ACT). Anti-Discrimination Act 1977 No 48 (NSW). Anti Discrimination Act 1991. (QLD). Equal Opportunity Act 1995; Charter of Human Rights and Responsibilities Act 2006 No. 43 of 2006 (VIC) Equal Opportunity (Miscellaneous) Amendment Act 2009(SA). The Equal Opportunity Act 1984 (WA) 12/07/2006 Rev B 34