Acceptable Behaviour?

Acceptable Behaviour? You are reprimanded for not finishing a task on time

Colleagues tease you about the size of your nose

You are asked to account for your errors

Your supervisor yells insults at you when you make errors

Your boss leers and winks at you after her Friday pub lunch

You have to move offices to accommodate a new worker

Someone is hiding your printing before you can get to it

Staff you supervise refuse point blank to follow direction

The promotion you asked for is rejected

A colleague asks you out for a drink

The Vice-Chancellor uses your personal teacup

Unacceptable Behaviour

Unwelcome

Offends, Humiliates, Intimidates, Degrades

May be targeted at a group characteristic

May be repeated or systematic

May be a one-off incident

The “Reasonable Person” TestCase by case, assessing factors like gender,

race, age and in general the relationship between the parties.

A reasonable person in the place of the victim:“How would a reasonable person feel in that situation?”

Reasonable person in the place of the perpetrator:“Could a reasonable person have anticipated that their behaviour would cause offence?”

CQU Responsibility

Take all reasonable steps to prevent and deal with workplace harassment, unlawful discrimination or bullying.

Provide access to a fair and rigorous process to settle disputes

Monitor processes and review as required

Individual Responsibility

Comply with policies

Treat others fairly & with respect all the time

Do not condone harassment or bullying

Report instances of harassment or bullying

Offer support to those victimised

Promote the importance of action against harassment and bullying

Defuse disputes

Separate normal management from the issues in dispute

Practice flexible effective communication Focus on tasks & outcomes De-personalise issues Use empathy to analyse others’ motivation Separate real from imagined differences

Feeling Aggrieved?

Ask yourself:

– What exactly has offended me?

– What do I want to happen in the end?

– Who is the best person to talk to?

– Can I solve the problem myself?

– What actions are open to me?

– Where will I seek support/assistance?

CQU Workplace GrievancesPolicy and Procedures

Flexibility in each case Six resolution options No compulsory sequence Defined responsibilities Principles underlying procedures Confidentiality & Defamation

Informal procedures

Option 1: Take no action Option 2: Deal with it individually Option 3: Mediation Option 4: Conciliation The procedures given for Options 3 & 4 are

suggestions and not prescriptive.

Option 5:Written formal complaint Staff:

to Director, Staff & Student Services

Students:

to Registrar/Chief Compliance Officer

Institutional (indirect discrimination):

to Vice-Chancellor

Formal Complaint Process

Director or Registrar/Chief Compliance Officer role: Acknowledgement within 5 working days Natural justice to respondent Unless ill founded, investigator appointed If in breach, advise VC on response:

– EBA misconduct clauses– Student Discipline Statute– Counselling, other referral or intervention

Report, compensation, restitution

Institutional Complaint

Vice Chancellor’s role: Acknowledgement within 5 working days Relevant advice sought Administrative remedy available? Fix it.

If no such remedy is apparent: ad hoc committee to investigate & report

– recommended action– recommend compensation, restitution

INITIAL CONTACTGrievance Contact Officer,

Supervisor, Head of School or Dean, providesinformation about processes and clarifies nature of

grievanceSelf-directed resolution

INFORMAL COMPLAINT

Equity & Diversity Office to facilitate resolution,Or appoint facilitatorOr appoint mediator

Or appoint conciliator

FORMAL COMPLAINTStaff – in writing to Director, Staff & Student Services.

Students – in writing to Registrar/CCO.Investigator appointed by:

Director, Staff & Student Services for staff;Registrar/CCO for students.Expert advice may be sought

Director – Staff & Student Services orRegistrar/CCO notify VC of any breach and advise VC

about remedial action which may be taken.

INSTITUTIONALCOMPLAINT

In writing toVice-Chancellor.

Equity Office provides advice.

BreachRemedial action approved by the Vice-Chancellor, which may include:Staff misconduct – current EBAStudent misconduct - Statute 4

Resolved – statistical report

No Breachadvise complainant in writing

Procedural remedy -report to complainant

Not resolved – complainant may choose to lodge a

formal complaint.This ends the informal

process.

Ad hoc committee appointed by VC to devise

remedy and report

KEY PRINCIPLESConfidentiality

ImpartialityGood Will