TABLE OF CONTENTS
INTRODUCTION
OBJECTIVE
AUTHORITY
WHAT IS WORKPLACE HARASSMENT?
WHEN DOES THIS POLICY APPLY?
WHAT IS NOT WORKPLACE HARASSMENT?
WHAT ARE THE EFFECTS OF HARASSMENT?
WORKPLACE STRATEGIES TO ELIMINATE HARASSMENT
RESPONSIBILITIES FOR PREVENTING HARASSMENT
Responsibilities of Staff
Responsibilities of Managers/Supervisors
OPTIONS FOR STAFF SUBJECTED TO HARASSMENT
EMPLOYEE ASSISTANCE PROGRAM
BREACH OF POLICY CONSEQUENCES
REVIEW
INTRODUCTION
On 1 June 2004 the Prevention of Workplace Harassment Code of Practice 2004 commenced operation. This code of practice forms part of the workplace health and safety regulatory framework in Queensland and provides for ways to prevent or minimise exposure to the risk of injury from workplace harassment.
The Anti-Discrimination Commission Queensland (ADCQ) has developed this policy consistent with the Advisory Standard.
This policy defines workplace harassment and outlines the strategies that the ADCQ has adopted to eliminate and control and resolve workplace harassment.
OBJECTIVE
The objectives of this strategy are to:
- promote fairness, equity and responsiveness in the workplace;
- prevent workplace harassment;
- encourage early, informal resolution of workplace harassment in the workplace where possible and appropriate; and
- actively address allegations of workplace harassment.
AUTHORITY
- Workplace Health and Safety Act 1995
- Public Service Act 1996
- Grievance Resolution Directive 11/07
- Department of Industrial Relations –Prevention of Workplace Harassment Code of Practice
WHAT IS WORKPLACE HARASSMENT?
A person is subjected to workplace harassment if the person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by a person, including the person’s employer or a co-worker or group of co-workers of that person that:
- is unwelcome and unsolicited; and
- the person considers to be offensive, intimidating, humiliating or threatening; and
- a reasonable person would consider to be offensive, intimidating, humiliating or threatening.
Examples of Workplace Harassment
Examples of behaviours that may be regarded as workplace harassment (if the behaviour is repeated or occurs as part of a pattern of behaviour) include:
- abusing a person loudly, usually when others are present;
- repeated threats of dismissal or other severe punishment for no reason;
- constant ridicule and being put down;
- leaving offensive messages on email or the telephone;
- sabotaging a person’s work, for example, by deliberately withholdinginformation or supplying incorrect information, hiding document or equipment, not passing on messages, and getting a person in trouble in other ways;
- persistent and unjustified criticisms, often about petty or irrelevant or insignificant matters;
- humiliating a person through gestures, sarcasm, criticism and insults, often in front of clients, management or other workers; and
- spreading gossip or false, malicious rumours about a person with the intent to cause the person harm.
Workplace harassment does not only occur in a face to face environment, but can also occur via electronic media/communication e.g. email, telephone or faxes.
WHEN DOES THIS POLICY APPLY?
This policy applies in an employee’s regular workplace, alternative workplace, and during overnight stays away from the workplace on government business. For example, the policy applies when employees work in the evenings, attend work related functions, including training and education activities, or stay overnight on official business in accommodation provided or paid for by the ADCQ.
WHAT IS NOT WORKPLACE HARASSMENT?
Legitimate and reasonable management actions and business processes, such as actions taken to transfer, demote, discipline, redeploy, retrench or dismiss a worker are not considered to be workplace harassment provided these actions are conducted in a reasonable way.
WHAT ARE THE EFFECTS OF HARASSMENT?
People who are harassed can often become distressed, withdrawn, depressed, and can lose self esteem and self confidence. Managers and supervisors should be aware of these indicators as an aid to identifying possible workplace harassment.
Workplace harassment can create an unsafe working environment, result in the loss of trained and talented workers, the breakdown of teams and individual relationships and reduced efficiency. The cost to the Department can include high absentee and turnover levels, low staff morale resulting in loss of productivity and client service, impaired public image or exposure to liability.
WORKPLACE STRATEGIES TO ELIMINATE HARASSMENT
The ADCQ has, and will continue to develop strategies to prevent and control exposure to the risk of workplace harassment including:
- continued workplace harassment awareness training for all employees;
- requiring managers and supervisors to provide a workplace free from harassment;
- maintaining and enforcing an appropriate Code of Conduct;
- encouraging staff to take action or report incidents of workplace harassment as soon as it occurs;
- ensuring staff are aware of the informal and formal grievance resolution procedures;
- regularly surveying Equity Contact Officers for information regarding issues where workplace harassment, sexual harassment and discrimination have been raised;
- reviewing the workplace harassment prevention policy, grievance resolution policy and the training provided.
RESPONSIBILITIES FOR PREVENTING HARASSMENT
Responsibilities of Staff
The ADCQ requires all employees to behave responsibly by complying with this policy, by not tolerating unacceptable behaviour and immediately reporting incidents of workplace harassment to an appropriate person such as their immediate supervisor, Equity Contact Officer, or manager.
Responsibilities of Managers/Supervisors
Managers and supervisors at all levels are responsible for ensuring that appropriate standards of behaviour are maintained in the workplace. They are required to take all necessary action to identify and address any issues of workplace harassment promptly within the provisions of this policy i.e. they are to develop proactive awareness strategies to educate staff on appropriate workplace behaviour, develop protocols aimed at modifying inappropriate behaviour and provide appropriate support mechanisms that assist staff subjected to workplace harassment.
Because workplace harassment can remain unreported, managers and supervisors are encouraged to use staff meetings and individual Professional Development Plan (PDP) meetings to discuss workplace harassment. Adopting a proactive and preventative approach also involves managers and supervisors monitoring the work environment and ensuring that appropriate standards of behaviour are maintained. An appropriate standard of behaviour in the workplace is one free of discrimination and harassment.
This policy demonstrates to managers and supervisors that the ADCQ is committed to a workplace free from harassment. In discharging their responsibilities, managers and supervisors will need to:
- be professional in their own behaviour (e.g. lead by example);
- ensure that they are conversant with the contents of this policy and the grievance resolution policy;
- be aware of, and provide, support mechanisms for aggrieved persons and alleged workplace harassers (as appropriate);
- ensure all identified matters of workplace harassment are treated seriously and confidentially;
- ensure that aggrieved persons or alleged harassers are not further victimised;
- monitor workplaces to ensure that workplace behaviour conforms to prescribed ADCQ standards;
- ensure all staff under their control fulfil their responsibilities;
- develop and implement a proactive awareness strategy to educate staff on appropriate workplace behaviour;
- develop protocols aimed at modifying inappropriate workplace behaviour;
- promote the benefits of a workplace free of workplace harassment;
- encourage staff familiarisation with this policy; and
- if necessary, seek advice from the Deputy Commissioner or Manager, Support Services, if required.
OPTIONS FOR STAFF SUBJECTED TO HARASSMENT
Strategies for resolving workplace harassment, which include informal and formal processes, are fully documented in the ADCQ’sGrievance ResolutionPolicy.
This policy recognises grievances (including workplace harassment) are often best resolved in an informal manner with the parties to the grievance having some control of the process and its resolution.
Should the grievance (including the workplace harassment) not be resolved through informal resolution the aggrieved employee may lodge a written grievance with the Anti-Discrimination Commissioner. Formal resolution of the grievance will then occur.
EMPLOYEE ASSISTANCE PROGRAM
The ADCQ’s Employee Assistance Program is a confidential and voluntary counselling and advisory service for employees that has been established to provide staff with professional assistance and guidance to resolve or better manage concerns that may be affecting performance, productivity, job satisfaction and well-being.
The Employee Assistance Program is available to parties involved in a workplace harassment situation. Parties may also wish to seek advice from an Equity Contact Officer.
BREACH OF POLICY CONSEQUENCES
Disciplinary action may be taken against a person who harasses another employee or who victimises an employee who has made or is witness to a complaint. Complaints of alleged workplace harassment found to be malicious, frivolous or vexatious may make the complainant liable for disciplinary action.
Managers and supervisors should be aware that disciplinary action may also be taken against them if they fail to establish and maintain a workplace free from harassment.
REVIEW
This policy will be reviewed 12 monthsfrom the date of approval by the Anti-Discrimination Commissioner.
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Preventing & Resolving Workplace Harassment