1.5.1 Workplace Bullying
1.5.1.1 Policy
The Department of the Premier and Cabinet has a policy in relation to workplace bullying which applies to all Ministerial staff.
The Department considers workplace bullying unacceptable and will not tolerate it under any circumstances.
Workplace bullying is a clear breach of the Code of Conduct for Ministerial staff and is covered by Ethics Obligation 2: "Respect for Persons". The Code of Conduct is derived from the Public Sector Ethics Act 1994.
Any reports of workplace bullying will be treated seriously and investigated promptly, confidentially and impartially.
1.5.1.2 Definitions
Workplace bullying is the 'repeated less favourable treatment of a person by another or others, which may be considered unreasonable and inappropriate workplace practice.' Workplace bullying is behaviour that can intimidate, offend, degrade or humiliate an employee.
Bullying can occur between:
- A senior staff member or supervisor and another Ministerial staff member.
- Co-workers.
- A Ministerial staff member and another person in the workplace eg. a public servant.
Behaviours that may constitute bullying include (but are not limited to):
- Assault, pushing or unwanted physical contact
- Yelling, screaming, swearing or abuse
- Personal insults or threats
- Inappropriate comments about appearance or slandering family members or friends.
- Offensive jokes, spreading malicious rumours or practical jokes
- Tampering with personal effects or work equipment
- Public reprimands or belittling
- Constant criticism or trivial fault finding
- Ostracising and isolating an employee
- Deliberately over-working or under-working an employee
- Deliberately withholding work related information
- Excessive supervision
- Singling out and treating one employee differently from other employees
- Inappropriately threatening the loss of employment or a cut back in work hours
1.5.1.3 Discrimination and Sexual Harassment
If it is considered that the bullying behaviour involves acts of discrimination or sexual harassment, refer to the relevant specific policies on these issues in the Ministerial Handbook.
1.5.1.4 Effects of workplace bullying on the workplace and individuals
Workplace bullying has detrimental effects on the workplace and on individuals.
Workplace bullying may cause:
- The loss of highly skilled, experienced and talented staff;
- Increased costs associated with staff turnover and absenteeism;
- Increased costs of recruitment and training new staff;
- Service delivery to clients;
- Reduced efficiency and productivity;
- Poor morale, erosion of employee loyalty and commitment;
- An unsafe working environment; and
- Legal risks and legal costs for the Department.
Individuals being bullied can become stressed, anxious, depressed, physically ill, sleep deprived, withdrawn, aggressive and vengeful or can lose self-confidence and self-esteem. The detrimental effects on work output are seldom limited to one person and can often spread across an office or work unit.
1.5.1.5 Behaviours that do not constitute workplace bullying
Constructive feedback or counselling on work performance or work related behaviour is appropriate and reasonable. Critical comments indicating performance deficiencies do not constitute workplace bullying. Constructively delivered feedback or counselling is intended to assist employees to improve their work performance or standard of behaviour.
1.5.1.6 Responsibilities of Ministers and staff
All Ministerial staff have a responsibility to ensure that all employees are able to work in an environment free of bullying.
Ministers, senior staff and supervisors must ensure that staff are not bullied. They are required to personally demonstrate appropriate behaviour, promote the anti-workplace bullying policy, treat complaints seriously and ensure that where an employee makes or is witness to a complaint, they are not victimised.
1.5.1.7 Referral officers
Ministerial Services has access to Harassment Referral Officers (HROs) whose role it is to:
a. provide confidential advice and support to complainants subjected to bullying;
b. advise staff about the nature of bullying, its effects and complaint resolution mechanisms.
1.5.1.8 Role of unions
An employee is entitled to contact their union at any time in regard to a complaint of bullying. This is true for both employees who report a complaint and those employees who have a complaint made against them. It is not the role of managers and supervisors to contact the union on behalf of a staff member.
Unions are available to provide support and advice to their members and may act on their behalf in respect of complaints of bullying.
1.5.1.9 Employee assistance service
The employee assistance service is available to all staff for counselling on personal and work-related issues. Refer to Section 1.1 of the Ministerial Handbook for further information on this service.
1.5.1.10 Dealing with bullying
An employee who is being bullied in the workplace has several options. These options include both informal and formal processes and can be discussed with a referral officer, union delegate or supervisor. These options are outlined below. A flowchart outlining the process for resolving workplace behaviour issues is provided at Appendix 22.
If the bullying is persistent or ongoing, it may be useful to maintain a diary about the behaviour including times, places and the details of any witnesses.
Informal methods of resolution
- Speaking to the person directly
- Requesting the assistance of the manager/supervisor
- Participating in mediation
Formal methods of resolution
- Making a formal complaint
- Making an external complaint
1.5.1.11 Informal methods of resolution
Speaking to the person directly:
This option involves advising the alleged offender that their behaviour is unreasonable and unacceptable workplace behaviour. The complainant needs to be specific about the behaviour that has given offence so that no doubt is left in the other person's mind as to what is being objected to and how to avoid re-offending.
If staff elect to deal with the matter themselves, they should be careful to ensure that any discussions with the alleged offender are not overheard by any other parties.
If this option is pursued, the complainant and the alleged offender should deal with the matter in strict confidence and with respect for each other's rights.
Requesting the assistance of the manager/supervisor
The complainant may request the assistance of their manager/supervisor in resolving the complaint. As part of the informal process the manager/supervisor should attempt to resolve the matter at the local level. The manager/supervisor would need to talk frankly and honestly about the complaint with the alleged offender.
When assisting in the informal process, the manager should seek to achieve a resolution between the parties, whereby there is agreement about what constitutes appropriate behaviour in the workplace and that any inappropriate behaviour that has occurred in the past will cease.
The manager/supervisor who resolves a situation locally should be aware of the need to monitor the workplace following the incident to ensure that workplace behaviour is appropriate and that the complainant is not being victimised.
Participating in mediation
Mediation between a complainant and the individual causing offence is an effective way of dealing with complaints informally and confidentially. Independent mediation can be arranged through Ministerial Services.
1.5.1.12 Formal methods of resolution
Making a formal complaint - internal process
Formal mechanisms may be appropriate where informal measures fail, the nature of the situation requires a more formal approach or the complainant chooses not to resolve the matter informally.
It is generally recommended that every effort be made to resolve the complaint within the Office. Failing this, or where this is not a viable course of action it is appropriate to refer the matter to the Director-General, Department of the Premier and Cabinet.
The following two step process has been established to deal with formal complaints of bullying relating to Ministerial staff. All stages of this process will be dealt with in a completely confidential manner and only those with a genuine need to know will be given any information about an individual enquiry. The complainant may involve the union at any stage of this process and where it is appropriate may move straight to Step 2 of the process.
Step 1
The employee informs the Senior Advisor verbally or in writing of the existence of the complaint. If the Senior Advisor is the alleged offender or appears to condone the behaviour, the employee should take the grievance to the Minister or lodge it directly with the Director-General, Department of the Premier and Cabinet. This may also be appropriate where the complainant has reason to prefer to lodge their complaint directly with the Director-General eg. where there is fear of repercussions within the Office or where the alleged offender is employed in another Minister's office.
The Senior Advisor or other person approached in relation to the complaint should inform the Minister. The Minister determines whether or not he/she wishes to attempt to resolve the matter. The person responsible for resolving the matter must attempt to do so within 10 calendar days. If the matter remains unresolved after 10 calendar days, the parties to the complaint will be provided with information about the status of the complaint and the planned finalisation date.
If the matter remains unresolved after 21 calendar days of advising the Senior Advisor, the complaint may proceed to Step 2 unless otherwise agreed between the employee and the Senior Advisor.
Step 2
If the complaint is not resolved at Step 1, the complainant may submit the complaint in writing to the Director-General, Department of the Premier and Cabinet.
As with Step 1, if the complaint remains unresolved after 10 calendar days, the parties to the complaint must be provided with information about the status of the complaint and the proposed finalisation date.
The Director-General will ensure that the complainant has the opportunity to present all aspects of the grievance and that the grievance is investigated in a thorough, fair and impartial manner within 21 calendar days, unless otherwise negotiated. Union representation is also permitted at this level.
Following receipt of the investigating officer's report, the Director-General will make the final decision on any action to be taken and will advise the complainant and the alleged offender accordingly.
Where Step 2 remains unfinalised, and/or the complainant remains aggrieved after 21 days, he or she may make a fair treatment appeal to the Public Service Commissioner. For details on this appeal process contact Ministerial Services or a referral officer.
Making a formal complaint - external process
This option is available for serious charges of a particular nature. Physical assault or threats of physical assault should be reported immediately to the Manager/Supervisor, to the Police and the Division of Workplace Health and Safety.
Where a worker is dismissed or forced to resign as a result of workplace bullying the worker may be entitled to make a claim under the unfair dismissal provisions of the Queensland Industrial Relations Act 1999.
1.5.1.13 Witnessing or becoming aware of workplace bullying
All staff who experience or witness workplace bullying are encouraged to report it to their Senior Advisor, Minister, Director-General Department of the Premier and Cabinet, Ministerial Services or a referral officer as appropriate to the circumstances.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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