Bullying Policy

Purpose

The purpose of this document is to outline [enter-your-company-name-here] position on bullying and to document the process which is to be followed should any instances of bullying be reported.

[enter-your-company-name-here] regards the dignity and autonomy of all people as a core value of the organisation. Bullying behaviour is based on the misuse of power in human relationships, and negates the dignity and autonomy of its victims; it can affect health and wellbeing.

Definitions

“Unreasonable behaviour” is behaviour that is offensive, humiliating, intimidating, degrading or threatening. It includes, but is not limited to,

Verbal abuse
Initiation pranks
Excluding or isolating employees
Giving a person the majority of an unpleasant or meaningless task
Humiliation through sarcasm, or belittling someone’s opinions
Constant criticism or insults
Spreading misinformation or malicious rumours
Deliberately setting work routines or procedures to inconvenience certain employees
Displaying written or pictorial material which may degrade or offend certain employees

“Bullying” is repeated, unreasonable behaviour directed towards a person or group of persons. It includes behaviour that could be expected to intimidate, offend, degrade, humiliate, undermine or threaten.

“Repeated behaviour” refers to the nature of the behaviour, not the specific form of that behaviour. “Repeated unreasonable behaviour” may thus be a pattern of diverse incidents.

Workplace bullying may occur between:

Two or more employees
Manager(s) and employees(s)
Employees and other persons at the workplace (apprentices, students, clients).

Bullying may occur at any level of the organisation, may be experienced by both men and women and may involve a co-worker, a volunteer, supervisor, manager, service provider, user or customer.

Formerly agreed behaviour may be found to be bullying when it continues after a request from the recipient for the behaviour to stop, or at the point it becomes intimidating, offensive or humiliating.

Note (1)

There are bound to be occasional differences of opinion, conflicts and problems in every workplace. Only when the treatment of another person is unreasonable, offensive or harmful does workplace bullying exist.

Similarly, the exercise of a supervisor’s legitimate authority at work through the direction and control of work responsibilities, the monitoring of work-flow, and giving feedback on performance, is not bullying insofar as the supervisor’s actions are intended to assist staff to improve their tasks, their work performance, or the standard of their behaviour. If an employee has performance problems, however, these should be identified and dealt with in a constructive way that is neither humiliating nor threatening.

Note (2)

Bullying that directly inflicts physical pain, harm, or humiliation amounts to assault and should be dealt with as a police matter (see below).

Policy

[enter-your-company-name-here] is fully committed to eliminating, as far as possible, all forms of bullying in the workplace and in its relationships with its users through a culture of openness, support, and accountability. Bullying is prohibited. [enter-your-company-name-here] will not tolerate any form of bullying under any circumstances.

The principles set out in this policy are intended to apply to any work-related context, including conferences, work functions, social events, and business trips.

A breach of this policy will result in disciplinary action. Depending upon the severity of the case, consequences may include offering an apology, counselling, transfer, demotion, dismissal, or other forms of disciplinary action deemed appropriate.

[enter-your-company-name-here] strongly encourages any employee who feels they have been bullied, or has witnessed bullying, to take action by making it clear that such behaviour is unwelcome and offensive; and/or by following the procedures set down for reporting the behaviour.

Any reports of harassment will be treated seriously and promptly with sensitivity and complete confidentiality, except insofar as

the rules of natural justice require the accused party to have knowledge of the identity of their accuser and the nature of the allegations made, and
any disclosure is mandated under applicable occupational health and safety legislation.

Complainant’s have the right to determine the manner in which to have a complaint treated, have support or representation throughout the process, and have the option to discontinue a complaint at any stage of the process.

The alleged bully will be given the right to have a support person of their own during any investigation procedures, to have representation and advice throughout the process, and to respond fully to any formal allegations made. No presumptions of guilt will be made and no determination reached until a full investigation has been completed.

No employee should be treated unfairly as a result of complaining of bullying. Disciplinary action may be taken against anyone who victimises or retaliates against a person who has complained of bullying, or against any employee who has been alleged to be a bully.

Managers or supervisors who fail to take appropriate corrective action when aware of bullying of a person will be subject to disciplinary action.

Responsibility

It is the obligation and responsibility of every employee to ensure that the workplace is free from bullying. The responsibility lies with every manager, supervisor, employee and volunteer to ensure that discrimination or victimisation does not occur.

It is the responsibility of the CEO to ensure that:

they understand, and are committed to, the right of all employees and volunteers to attend work and perform their duties without fear of being bullied in any form
all reasonable steps to eliminate bullying are made
all applicable occupational health and safety legislation is observed
all employees are regularly made aware of their obligations and responsibilities in relation to providing a workplace free from bullying
they provide an environment which discourages bullying, and set an example by their own behaviour
all complaints are treated seriously and confidentially
they are as far as practicable aware of whether bullying is occurring, whether complaints are received or not, relying on indicators as;

sudden increases in absenteeism
unexplained requests for transfers
behavioural changes such as depression
sudden deterioration in work performance

they take immediate and appropriate corrective action if they become aware of any offensive action
guidance and education is provided, where requested and/or appropriate, to cases and subsequent decisions relating to bullying
ongoing support and guidance is provided to management and employees in relation to the prevention of bullying
this policy is displayed in the workplace.

It is the responsibility of all Employees to ensure that:

they understand and are committed to the rights and entitlements of all employees and volunteers to attend work and perform their duties without fear of bullying in any form
they provide an environment which discourages bullying
they immediately report any offensive action

Procedures

Complaints Procedures

Employees who believe they are the subject of bullying should take firm, positive and prompt action.

If deemed appropriate the employee should make the perceived bully (or bullies) aware that they find their behaviour offensive, unwelcome and unacceptable, and that it needs to stop immediately.

If the behaviour continues, or if the employee feels unable to speak to the person(s) directly, they should contact their supervisor or manager, a human resources officer, or any other manager with whom they feel comfortable. The manager or officer will provide support and ascertain the nature of the complaint and the wishes of the complainant. The complainant does not have to request a full formal investigation if they will be satisfied by less formal treatment of the issue.

Informal Intervention

The manager will explain the employee’s rights and responsibilities under [enter-your-company-name-here]’s policy and procedures.

Informal intervention may be done through a process of either mediation or conciliation. During informal intervention the respondent will be made aware of the allegations being made against them and given the right to respond. Interventions at this stage should adopt a confidential, non-confrontational approach with a view to resolving the issue.

This procedure will be complete when the alleged harasser respects the individual’s request to cease unwanted and unwelcome behaviour, or when the complainant accepts that the behaviour is not properly described as bullying. If neither of these outcomes occurs, the organisation’s formal procedure should be followed.

Formal Complaints Procedure

Proceeding with a formal complaint requires the consent of the person complaining, particularly as witnesses or senior management may become involved. The formal procedure will be coordinated by the responsible manager under the guidance of the human resources section, where applicable. The human resources section does not need to know the specific details of the bullying case to provide this guidance.

The manager concerned should clarify the complaint and obtain a step-by-step account of the incident. In serious cases, more than one interview may be necessary.

The manager will document all such interviews accurately and avoid irrelevant information. This record will include parties involved, timing, location, and nature of conduct complained against.

Records are to be kept and filed in a confidential and secure place. These records should be kept for a period of seven years. Under no circumstances will records be placed on the complainant’s personnel file.

The manager will organise an investigation, which in most cases will involve (but is not be limited to):

a private interview to ascertain the facts and to find what the complainant expects to happen as a result of making the complaint
an interview with the alleged harasser(s) to ascertain their defence
interviews with other employees or individuals who may be able to assist
examination of any relevant documents.

All relevant evidence should be considered by the person conducting the investigation. Such evidence may include:

supporting (or contradictory) evidence provided by medical practitioners, counsellors, family members, friends, or co-workers
Supervisor’s reports and personnel records
records kept by the person claiming to have been bullied;
information on whether the evidence was presented by the parties in a credible and consistent manner;
information on the absence of evidence where it should logically exist.

It may be necessary to provide affected employees with alternative working arrangements to avoid further conflict while the bullying complaint is being investigated. The complainant may also require counselling to develop coping strategies for dealing with the situation while the problem is being resolved.

Keep the affected parties informed and document all investigation actions and outcomes.

On completion of the investigation the complainant and the manager will determine a course of action to be taken. This may involve guidance from the human resources section, where applicable.

Possible courses of action may include, but will not be limited to, any combination of the following:

counselling;
disciplinary action against the bully or bullies (e.g. demotion, transfer, suspension, probation or dismissal);
official warnings that are noted in the bully or bullies’ personnel file;
if there is strong evidence that the complaint was vexatious or malicious, disciplinary action against the person who complained;
formal apologies and undertakings that the behaviour will cease;
conciliation/mediation conducted by an impartial third party, where the parties to the complaint agree to a mutually acceptable resolution;
compensation from the organisation.

Determination of whether bullying has occurred will rest solely on the weight of the evidence. If it is determined that bullying has taken place then outcomes will depend upon factors such as:

the severity and frequency of the bullying;
the wishes of the person who was subjected to the offensive behaviours;
whether the bully could have been expected to know that such behaviour was a breach of policy;
the level of contrition shown by the bully;
whether there have been any prior incidents or warnings.

The relevant manager will advise all relevant parties of the outcome.

If the investigation determines that bullying has occurred, or that vexatious or malicious accusations have been made, the manager must place on file, a summary of the complaint and the action taken. A copy may be placed in the respondent’s personnel file in accordance with performance counselling procedures.

If there is insufficient proof to decide whether or not bullying has occurred, the manager concerned will:

remind those involved of expected standards of conduct
conduct further training awareness raising sessions for staff
monitor the situation carefully

The manager will monitor the outcome to ensure that the offensive behaviour has ceased, and that neither party has been victimised. This may involve follow-up interviews. If there has been any substantiated victimisation, appropriate disciplinary procedures will be followed.

Procedures for dealing with criminal conduct

Some forms of severe bullying (physical attack, for example, or obscene phone calls) may constitute criminal conduct. While [enter-your-company-name-here] is committed to treat most complaints about bullying at a company level as far as possible, this type of conduct is not suited to internal resolution. Such complaints should be treated by the criminal justice system. Employees should be advised of the option of police support or intervention.

It is not the obligation or duty of the organisation to report such matters to the police on behalf of the complainant.