prepared by: november 2010. desired outcomes from today’s session managers and employees are...
TRANSCRIPT
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?