Prepared by:

November 2010

Managing Workplace

Relationships

Desired Outcomes from Today’s Session

Managers and employees are updated on key workplace relationships

A risk management approach to Bullying in the workplace is adopted

An internal complaints process is adopted

Bullying behaviour can range from very obvious verbal or physical assault to very subtle psychological abuse. This behaviour may include: Verbal abuse Excluding or isolating employees Psychological harassment Making someone the brunt of teasing, pranks or practical jokes Intimidation Assigning meaningless tasks unrelated to the job Giving employees impossible assignments Deliberately changing work rosters to inconvenience particular employees Deliberately withholding information vital for effective work performance Performance counseling staff in public

What Constitutes Bullying Is Broad

According to Hickson’s Law Firm partner Sarah Jones, policies won't be enough. The obligation on officers is not only to have a system in place, "but to be able to prove that it's being implemented - that they're doing training, that they're making sure everyone is aware of it, and they're following through if complaints are made".

Penalties include corporate and individual fines (up to $3 million and $600,000 respectively), and jail terms of up to five years for the most serious offences.

Impact of harmonising OH&S lawsAcross All states.

Vicarious Liability Under federal anti-discrimination and bullying law an employer, regardless of their size, may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person's employment unless it can be shown that 'all reasonable steps' have been taken to reduce this liability. This legal responsibility is called 'vicarious liability'.

Where is vicarious liability applicable? The vicarious liability provisions of the legislation only apply where the alleged discrimination and harassment occurs in connection with the person's employment. This means the employer may be held vicariously liable for the actions of employees if they have not taken all reasonable steps to prevent the discrimination and harassment from occurring both within the usual work environment and at employer sponsored functions such as seminars, conferences, work functions, Christmas parties, business or field trips.

Employers Have An Obligation To Provide A Work Environment That Is Free From Bullying

1. To be informed about the issue 2. To obtain commitment from senior staff to the implementation and

continuous improvement of prevention policies and procedures 3. To formally consult with employees at all levels about the development

of prevention policies and procedures 4. To undertake ongoing risk assessment 5. To promote awareness through the provision of training, instruction,

information (using various media) and engagement for example through discussion, meetings and supervision

6. To ensure the provision of appropriate risk controls through various initiatives including the development of early notification systems and the handling of complaints in a competent, impartial, confidential and timely manner

7. To provide support and advice to all stakeholders as required using internal and/or external services

 

Employers Responsibilities under theirDuty of Care

The absence of complaints is not necessarily an indication that no harassment or bullying is occurring. The person subjected to harassing or bullying behaviour does not always complain. This is not necessarily because the act is deemed as trivial, but because the person may lack the confidence to speak up on their own behalf or feel too intimidated or embarrassed to complain.

The Absence Of Complaints

The vicarious liability provisions of the legislation do not preclude individual persons from being held liable for their own discriminatory; bullying or harassing behaviour in the workplace or in connection with their employment. It may be that both the employer, who has been found to have not taken all reasonable steps to prevent the discrimination and harassment from occurring, and the individual, who is the alleged discriminator or harasser, will be held jointly liable for the behaviour.

The Liability Of Individuals

The Internal Complaints Process

Formal ProcessFormal Process

Appropriate officer

contacted for advice and

support

Appropriate officer

contacted for advice and

support

Manager advises complainant to confront alleged

offender if appropriate

Manager advises complainant to confront alleged

offender if appropriate

Alleged offender confronted by complainant alone or with

support manager or officer

Alleged offender confronted by complainant alone or with

support manager or officer

Complainant is unable or

considers it inappropriate to confront alleged

offender

Complainant is unable or

considers it inappropriate to confront alleged

offender

Complainant requests the

matter be handled by

formal complaints proceedings

Complainant requests the

matter be handled by

formal complaints proceedings

Situation reviewed to

ensure complainant satisfied with

outcome

Situation reviewed to

ensure complainant satisfied with

outcome

Investigation occurs either

internally or with outside

assistance

Investigation occurs either

internally or with outside

assistance

Behavior ceases

Behavior ceases

Behaviorcontinues

Behaviorcontinues

Informal ProcessInformal Process

Actions are put into place and outcomes are

recorded on file

Actions are put into place and outcomes are

recorded on file

Decision made on type

of process

What Do You Need Remember at all times

Legal and Financial Exposure to CVA

Personal Liability to both Managers and Staff

Moral Obligations

Reputation of CVA

Adhering to ‘Best Practice’

Next Steps

1. Do you have any further questions regarding your Bullying exposure?

2. Do you feel there are areas you need further information on?

3. Is your policy manual up to date and being used?

4. Are your induction processes up to date in relation to HR policy?

Any Questions?