Workplace Harrassment, Bullying and Violence - Campbelltown City ...

POLICYPolicy TitleRelated DocumentationRelevant Legislation/Corporate PlanResponsible OfficerWorkplace Harassment, Bullying and ViolenceGrievance and Dispute Handling Authorised StatementGrievance and Dispute Handling ProcedureOccupational Health and Safety PolicyCritical Incident Management Authorised StatementCritical Incident Management ProcedureCode of ConductWorkplace Investigation Authorised StatementDisciplinary Action Authorised StatementLocal Government (State) AwardOccupational Health and Safety Act 2000NSW Anti-Discrimination Act 1977NSW Industrial Relations Act 1996Race Discrimination Act 1975 (Cth)Sex Discrimination Act 1984 (Cth)Disability Discrimination Act 1992 (Cth)Age Discrimination Act 2004 (Cth)Manager Human ResourcesPolicy details may change prior to review date due to legislative changes, therefore thisdocument is uncontrolled when printed.ObjectivesTo affirm Council’s legal and moral obligation to ensure that employees and Councillors are notsubjected to harassment, bullying or violence in the workplace.Policy StatementCouncil is committed to providing a harmonious work environment that is free from harassment,bullying and violence. Harassment, bullying and violence are unacceptable behaviours thatconstitute misconduct, and may also be unlawful. Such behaviours/actions will not be tolerated.ScopeThis policy applies to all employees and Councillors.DefinitionsHarassmentHarassment means unsolicited and unwelcome behaviour which may cause offence or distress toits recipients, and which creates an intimidating, hostile or offensive work environment.Harassment is unlawful when the harassment occurs in relation to any of the grounds fordiscrimination under the Anti-Discrimination Act 1977. These grounds include: Sex; pregnancy;Division: Business ServicesSection: Human ResourcesDW:2677824DATA AND DOCUMENT CONTROLAdopted Date: 31/05/11Revised Date: 00/00/00Minute Number: 99Review Date: 30/06/14Page: 1 of 5Print Date:

Campbelltown City Councilbreastfeeding; race (including colour, nationality, descent, ethnic or ethno-religious background);age; marital or domestic status; homosexuality (actual or perceived); disability (actual or perceived,past, present or future); transgender status (actual or perceived), and; carers responsibility (actualor presumed).Acts or behaviour that may appear to be humorous and/or insignificant to one person may beoffensive or disturbing to another. Harassment is defined by reference to the nature andconsequences of the behaviour, not the intent of the initiator (NSW Anti-Discrimination Act 1977).Harassment in the workplace may include, but is not limited to:Coercive behaviour to control, influence or affect the career or job of a person;Offensive jokes, suggestions or derogatory comments;The distribution or display of offensive or obscene material;Sending derogatory or offensive material through email;Stereotyping, or making assumptions about a person’s behaviour, values, culture and abilities;Intimidation;Abuse or assault.Sex Based HarassmentSex based harassment is unsolicited and unwelcome sexist or sexual behaviour or activity that therecipient sees as offensive and/or distressing. Sex based harassment may include, but is notlimited to:Offensive or smutty jokes;Personally offensive verbal comments;Comments or teasing about a person’s alleged sexual activities or personal life;Persistent unwelcome social invitations or telephone calls from work mates at home or at work;Being followed home from work;Posters of a sexual nature in the workplace;Physical contact such as frequent brushing against a person, touching, pinching, patting orputting an arm around someone when it is unwelcome;Offensive hand or body gestures;Sexual harassment, assault or rape.BullyingWorkplace bullying is a form of harassment, and is the repeated, unreasonable behaviour directedtowards an employee or group of employees that creates a risk to their health, safety and welfare(including psychological welfare). It is most often an abuse of power. Workplace bullying mayinvolve:Behaviour aimed to demean, humiliate or intimidate employees either as individuals or as a group;The less favourable treatment of a person by another in the workplace, beyond that which may beconsidered reasonable and appropriate workplace practice;Unwelcome and unreasonable behaviour that creates a hostile, uncomfortable atmosphere leadingto stress;Examples of such behaviour may include, but is not limited to:Continual unjustified and unnecessary comments about an employee or colleague, their workor capacity for work;Continual ignoring or exclusion of an employee, colleague or group of employees or colleaguesfrom normal conversation, work assignments, work-related social activities and networks;Unreasonable demands and impossible targets;Phone calls, letters or emails which are threatening, abusive or offensive;Taking deliberate advantage of a lack of understanding or knowledge due to inexperience;Restrictive and petty work rules;DATA AND DOCUMENT CONTROLDW:2677824 Page: 2 of 5 Print Date:

Campbelltown City CouncilBeing intentionally overworked and being forced to stay back or perform additional tasks;Unjustified open or implied threats of demotion, dismissal or disciplinary action;Constant criticism or denigration of employee(s) or colleague(s) in front of others;Denying access to training or promotion opportunitiesThese examples are indicative rather than exhaustive.What bullying is notBullying should not be confused with the legitimate exercise of managerial or supervisory authority.It is not bullying for a Supervisor, within the framework of Council policies and procedures, tocounsel a staff member on their performance or institute proceedings for unsatisfactoryperformance, misconduct or dismissal with complaints from others.It is not bullying for staff to express differences of opinion or difficulties they may have with anotherstaff member provided it is done in the appropriate manner.An isolated incident of the behaviour described in the definition above may be in breach of theCode of Conduct, but as a once-off incident it is not necessarily considered to be bullying.ViolenceFor the purposes of this policy Council identifies workplace violence as violence committed againstan employee by a member of the public.Violence can be described as the attempted or actual exercise by a person of any physical force soas to cause injury to an employee, and includes any threatening statement or behaviour whichgives an employee reasonable cause to believe they are at risk of injury.Violence includes verbal and emotional threats, and physical attack to an individual’s person orproperty by another individual or group.Legislative ContextLegal Consequences of Workplace Harassment, Bullying and Violence Employees who harass or bully may, in addition to disciplinary penalties, be prosecuted underthe NSW Anti-Discrimination Act 1977, the Race Discrimination Act 1975, the SexDiscrimination Act 1984, the Age Discrimination Act 2004 or the Disability Discrimination Act1992. Under the Occupational Health and Safety Act 2000, a workplace in which harassment,bullying and violence is tolerated or condoned is not a safe working environment and couldresult in criminal charges. Under S104 of the NSW Industrial Relations Act 1996, if the employee alleges that theirresignation as a result of bullying conduct was a “constructive dismissal”, they may succeed ina claim of unfair dismissal. Physical assault constitutes a criminal offence.Harassment, bullying or violence may occur between: Co-workers; A supervisor and a subordinate, that is, people using the power of their position to exercisecontrol over another person; An employee and a member of the public An employee and a Councillor.DATA AND DOCUMENT CONTROLDW:2677824 Page: 3 of 5 Print Date:

Campbelltown City CouncilPrinciples1. All members of Council, including Councillors, will ensure their behaviour is appropriate and inaccordance with this and other relevant Council policies and procedures.2. Directors, Managers, Coordinators, Supervisors and Team Leaders will monitor and preventharassment, bullying and violence in workplaces under their control.3. Council will make every reasonable effort to distribute and publicise this Policy Statementthroughout the organisation and elsewhere as appropriate.4. All employees will be provided with awareness and prevention training in workplaceharassment, bullying and violence.5. Council will take all allegations of workplace harassment, bullying and violence seriously andtake action to promptly address the matter, including eliminating the potential for suchbehaviour to reoccur.6. Council will deal with complaints of workplace harassment and bullying in accordance with theGrievance and Dispute Handling Procedure. With regard to workplace violence, Council willendeavour to settle all complaints within the workplace wherever possible.7. Nothing in this policy will be construed as excluding the involvement of any external bodycompetent to deal with alleged workplace harassment, bullying and violence.8. Council recognises that employees may work in locations which place them at a higher risk ofbeing involved in a workplace violence incident. Management will identify hazardous workareas and implement control measures to prevent or minimise the risk of employees beingexposed to workplace violence incidents.9. Senior management will maintain close relationships with the police to ensure their full supportin dealing with workplace violence incidents.10. Employees should report all work areas which they consider may be a high risk area forworkplace violence.11. All victims of workplace harassment, bullying and violence will be provided with access toappropriate counselling, mediation and other forms of employee assistance.12. Complainants will be given as much protection as possible to avoid victimisation or retaliation.If an investigation results in the transfer or relocation of an employee or employees, thecomplainant will not be transferred or relocated without his or her agreement.13. If it has been found that an employee has been subjected to workplace harassment, bullying orviolence their employment status with Council will not be disadvantaged in any way.14. Any employee found to be responsible for harassment or bullying will be disciplinedappropriately. Those in authority who knowingly tolerate such behaviour are also guilty ofmisconduct and could be held legally liable under the principles of vicarious liability.15. Penalties for breaches of the policy may range up to and including termination of employment.16. Council will keep all information confidential to protect both complainants and the allegedoffenders.ResponsibilityGeneral Manager Ensure that Council meets its commitment to this policy. Foster the development of a culture within Council that is respectful of individual employees,and discourages bullying and harassment of any sort. Act in a manner which provides an example of good workplace behaviour. Ensure that there are adequate resources and staffing for the effective implementation of thispolicy. Ensure that al Directors, Managers, Coordinators, Supervisors and Team Leaders arecommitted to ensuring the workplace is safe and free from workplace harassment, bullying andviolence.Directors, Managers, Coordinators, Supervisors and Team Leaders Take all reasonable steps to ensure that their workplaces are free from all forms of workplaceharassment, bullying and violence. Provide an appropriate professional level of leadership that ensures that all employees aretreated with dignity, respect and compassion.DATA AND DOCUMENT CONTROLDW:2677824 Page: 4 of 5 Print Date:

Campbelltown City CouncilAct in a manner which provides an example of good workplace behaviour.Actively promote this policy and ensure that employees know that they do not have to be therecipients of workplace harassment, bullying and violence, and that there are procedures todeal with it if it occurs.Consult with relevant employees, health and safety representatives, equal employmentopportunity representatives and Council’s Employee Assistance Provider (EAP) to developstrategies to prevent or minimise the incidence of workplace harassment, bullying and violence.Provide information, instruction and support training to employees about Council’s policies andprocedures in relation to workplace harassment, bullying and violence.Promptly deal with complaints of workplace harassment, bullying and violence in a sensitiveand unbiased manner and resolve them with the assistance of relevant people.Human Resources Communicate this policy to employees. Provide assistance in the resolution of complaints where appropriate.Contact Officers Ensure they fulfil their obligations under Council’s Grievance and Dispute Handling Procedure.Employees Ensure that they take the appropriate steps to protect themselves from workplace harassment,bullying and violence if it exists in the workplace. Ensure that they do not adversely affect the health, safety and welfare of others by engaging inworkplace harassment or bullying. Help to eliminate workplace harassment, bullying and violence by:oooRefusing to join in with harassing or bullying actions/behaviours;Supporting the person to say “no” to harassing or bullying actions/behaviours, and;Reporting instances of workplace violence where they witness it occurring.END OF POLICY STATEMENTDOCUMENT HISTORY AND VERSION CONTROL RECORDContact for inquiries and proposed changesNamePosition/SectionBarry ClarenceManager Human ResourcesContact Number 4645 4228Version Number Revised Date Authorised Officer Amendment DetailsDATA AND DOCUMENT CONTROLDW:2677824 Page: 5 of 5 Print Date: