5. FINANCIAL COSTS
• The financial cost in • Kristy Fraser-Kirk
Australia is estimated to launched a $37 million
be between $6 billion to lawsuit against David
$13 billion a year. Jones Ltd. CEO Mr. Mark
McInnes for sexual
• Research shows 3.5% of harassment in 2010.
the working population is
bullied in some way. • Case settled out of court
for $850,000
• Average cost of serious
bullying is $20,000 per
employee.
5
6. THE ORGANISATION
The organisation is
committed to ensuring your
working environment is
free from discrimination,
harassment & bullying”.
6
7. INTRODUCTION
• 98% of Australian organisations have a
Workplace Harassment & Bullying Policy
and Procedure!
• Then why does it still happen?
7
8. BECAUSE
• People are not sure about the
organisations H&B processes
• People fail to report H&B
incidents
• They worry about personal
workplace relationships
breakdown.
8
9. LEGAL REQUIREMENTS
• South Australian & Australian Legislation:
– OHS&W Act 1986
– Racial Discrimination Act 1992
– Disability Discrimination Act 1994
– Safework SA Amendment Act 2005
– Fair Work Act 2009
– Sex Discrimination Act 1994
– SA Human Rights & Equal Opportunity Commission
Act 1986
– Trade Practices Act 2004
9
10. EMPLOYERS REQUIREMENTS
1. Legal Duty of Care to protect the health,
safety & welfare of employees &
volunteers
2. Review and implement strategies to
reduce risks arising from workplace H&B
3. Provide Harassment & Bullying
awareness training for all employees and
volunteers
4. Provide support for victims of H&B
incidents
5. Implement strategies to deal with
workplace H&B issues.
10
11. EMPLOYEE REQUIREMENTS
1. Contribute to workplace health & safety
by not putting others at risk
2. Comply with the organisations
workplace H&B policies & procedures
3. Review & report risks associated with
workplace H&B
4. Take reasonable care to protect their
own & colleagues health, safety &
welfare while at work
5. Report any workplace H&B incidents
they become aware of.
11
12. SO, WHAT IS WORKPLACE
HARASSMENT & BULLYING?
• Harassment is any verbal, written or physical behaviour or
conduct that is of an offensive, threatening, intimidating,
abusive or belittling nature & that is unwelcome & uninvited.
• This includes:
– Race
– Age
– Pregnancy
– Marital status
– Sexuality
– Transgender
– Medical status
12
13. SO, WHAT IS WORKPLACE
HARASSMENT & BULLYING?
• Bullying is the “repeated unreasonable behaviour towards a
person or group of persons at a workplace, which creates a
risk to health and safety”.
• This includes:
– Verbal abuse
– Initiating pranks
– Excluding or isolating people
– Giving a person the majority of an unpleasant or meaningless task
– Humiliation through sarcasm or belittling
– Spreading misinformation or malicious rumours
– Setting impossible deadlines
– Deliberately withholding information or resources
(more examples in your manual)
13
14. SO, WHAT IS NOT WORKPLACE
HARASSMENT OR BULLYING?
• Does not include the legitimate exercise of authority by a
manager, supervisor or employee to direct & control how
personnel perform their duties while at work, to monitor
work flow or to provide feedback about performance.
14
15. WHY DO PEOPLE BULLY?
• Some reasons may be:
– Cultural causes
– Institutional causes
– Social issues
– Family issues
– The bully’s personal history
– Having power
– Provocative victims
15
17. THE AFFECTS OF BULLYING
• Bullying can end up causing lasting damage to victims.
• Sticks & Stones.....
• Being a repetitive target may damage your ability to view
yourself as a desirable, capable & effective individual.
• Bullying may have long term medical implications.
17
18. INDIVIDUAL EFFECTS & REACTIONS
OF BEING BULLIED
• Shock • Psychosomatic symptoms:
• Frustration – stomach pains
– headaches
• Helplessness
• • Physical symptoms:
Loss of confidence
– inability to sleep
• Anger – loss of appetite
• Low morale • Family tensions:
• Inability to concentrate – Arguments
• Lack of productivity – Lack of communication
• Panic or Anxiety
18
20. WORKPLACE CULTURE
• Often shown by its: • We can limit bullying
– Values behaviours by:
– Beliefs – creating trust & respect
– Image – not tolerating intimidation
– Moral standing – supporting each other
– Structure – taking a positive
– Relationships approach
– Principles – demonstrating good
– behaviours
Practices
– Setting boundaries
– Behaviours
20
21. DEALING WITH WORKPLACE
HARASSMENT & BULLYING
• The Organisation’s ‘Anti Discrimination, Harassment &
Bullying Policy & Procedure’ makes it clear that reports
of harassment & bullying will be taken seriously.
• It supports those who make reports, whether they are a
witness or directly affected.
• By working together, we can stamp out any harassment
& bulling within our organisation.
21
22. WHO IS AT RISK?
• People:
– with a disability
– from different cultural backgrounds
– working as temps, casuals, labour – hire
– who are whistleblowers
– with different religious views
– who are new or young workers
– demonstrating vulnerability
– who just want to fit in
22
23. BULLYING & OH&S
• Harassment & Bullying IS • Do you agree?
also an OH&S issue & should
direct our focus towards
peoples potential health
outcomes.
• Workplace bullying has the
potential to cause significant
harm to individuals. • What are your
thoughts?
23
24. PREVENTING WORKPLACE BULLYING
• Every employer & employee should take preventative
steps to reduce the likelihood of bullying occurring in our
workplace.
• Harassment & bullying may not always be reported
because people:
May not recognise harassment or Fear being labelled as a complainer or
bullying behaviour trouble maker
May not know the reporting procedure Believe no one will listen or respond
Fear of retribution or pay back Accept bullying as the norm
24
25. WHAT TO DO IF YOU ARE
HARASSED OR BULLIED
• Allegations & incidents are most effectively resolved if
they are dealt with at an early stage, rather the left until
the matter has become serious & attitudes entrenched.
• The Organisation encourages all members to report all
allegations of workplace harassment or bullying as soon
as they occur.
25
26. SOME DO’S
• Firmly tell the person that their behaviour is not
acceptable & ask them to stop
• Request you’re manager, supervisor, OH&S Contact
Officer or Union Representative attend
• Keep a factual journal or diary of daily events
• Keep copies of any letters, emails or faxes received
• Report the incident as soon as possible.
26
27. KEEPING A DIARY OR JOURNAL
• Make sure it is factual
• Time & date of incident
• Location of incident
• What actually happened &
what was said
• Names of people involved
including witnesses
• Your physical & mental state
at the time
• Outcome of the event
27
28. SOME DON'TS
• DO NOT RETALIATE
– You may feel like it however you may end up looking
like the perpetrator
• DO NOT TRY TO KEEP IT TO YOURSELF
– This plays straight into the bullies hands
• DO NOT FEEL HELPLESS
– You need to deal with the problem as soon as
possible, it won’t go away.
28
29. PERSONAL SUPPORT
• Confidentiality is of the • Your direct manager or
utmost importance when supervisor
dealing with harassment • Human Resources
or bullying allegations. manager
• OH&S Officer
• The Organisation offers • Grievance Officer
various support options • Responsible Officer
you can request.
29
30. PROCESSES & ACTIONS
Formal Resolution: • Investigation process will
• If informal processes fail, then take place
or breaches of the code
of conduct are alleged, • If allegations are made
the formal process will against a manager or
then be implemented. supervisor the
investigation process may
• The HR Officer must be need to be conducted by
informed. a person from interstate
or another organisation.
30
31. Disciplinary Action
• Any employee breaching the
Harassment & Bullying policy
will have action taken
against them.
• Staff aiding or encouraging
bullies will also be subject
the disciplinary action.
31
32. PROCESSES & ACTIONS CONT.
Taking further action Conclusion
• If you are not satisfied • The Organisation actively
with the way you're promotes positive
complaint has been working relationships &
handled, you have the encourages a supportive
right to refer the matter to workplace.
an external party.
Remember to respect,
trust & consider your
colleagues & yourself!
32