Workplace bullying A guide to assist members Create change in your workplace. www.nswnma.asn.au About this guide The aim of this guide is to provide information that will assist members to clearly understand: • what does and does not constitute workplace bullying • what you can do if you experience bullying or if allegations of bullying are made against you • the legal obligations of employers to prevent and manage the risks of workplace bullying like any other hazard at the workplace • the obligations of workers. References 1. Work Health and Safety Act 2011 4. Safe Work Australia – dealing with Workplace Bullying – 2. Work Health and Safety Regulations 2017 A Workers’ Guide (November 2013) 3. Safe Work Australia – Guide for Preventing and Responding 5. The Fair Work Ombudsman website fairwork.gov.au to Workplace Bullying (November 2013) 6. The Fair Work Commission website fwc.gov.au What is workplace bullying? Workplace bullying is a psychological hazard and a risk to health and safety. Examples of indirect bullying include: • changing work rosters and leave, to deliberately It is characterised by repeated and unreasonable inconvenience a particular employee(s) behaviour directed at an employee or employees that deliberately excluding someone from workplace creates a risk to health and safety. • activities Bullying is a significant issue within the nursing and • excessive scrutiny at work, unjustified criticism midwifery professions. Bullying behaviour should not be or vexatious complaints tolerated in any workplace. • setting unreasonable timelines or constantly Everyone has a responsibility to ensure that bullying changing deadlines does not occur. Efforts should be made to create a • setting tasks that are unreasonably above or work environment where there are good management beyond a person’s skill level practices, effective communication and where everyone withholding information that is vital for effective is expected to work and behave professionally and treat • work performance. each other with tolerance, dignity and respect. Workplace bullying can be extremely harmful to Bullying behaviour is not always downwards from senior an individual’s health and may seriously affect staff or managers to less senior staff; it can be sideways their ability to do their job. The physiological and bullying between workers and sometimes is upwards psychological effects of bullying can include: from workers to their supervisors or managers. high levels of stress, anxiety, panic attacks, Bullying can also be carried out by other people at a • sleep disturbances, loss of self-esteem, self- workplace including staff from other organisations and confidence and feelings of isolation patients or customers. • physical illness such as muscular tension, Bullying may be directed at a single worker or group of headaches and digestive problems, impaired workers. It may occur face to face, by phone or be ‘cyber- ability to make decisions bullying’ through emails, text messages or social media. • frequent crying, depression, possible thoughts of suicide There are a broad range of direct and indirect • deteriorating relationships with colleagues, behaviours that may be considered as workplace family and friends. bullying. Examples of direct forms of bullying include: Bullying can also have a negative impact on the • abusive, insulting comments or offensive workplace environment. In organisations where language (includes face to face, phone, email, there is an embedded culture of bullying, workers text messages and social media) may experience low morale, job dissatisfaction and • humiliating or putting someone down in front burnout resulting in increased absenteeism, decreased of others productivity, increased staff turnover and costly workers’ compensation claims. Within the nursing and midwifery • spreading malicious rumours or misinformation about someone. professions, bullying may also impact on the quality of patient care. What is not Bullying prevention considered to be workplace bullying? Under the WHS Act 2011, employers must ensure, so far as is reasonably practicable, the health and safety of all workers. 1. A single incident of negative or unreasonable As with all forseeable workplace risks, the potential behaviour is not considered to be workplace for workplace bullying must be identified, assessed bullying, however it may have the potential to and eliminated or minimised as far as practicable, and escalate and should not be ignored. consultation with workers and their representatives must take place at all stages of the process. 2. Low level workplace conflict is not considered to be workplace bullying, because not all conflicts Workers have the responsibility to: or disagreements have negative health effects or • Take reasonable care for their own health and safety pose a risk to health and safety. • Take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons However, if low level conflict is not managed properly, it • Comply with reasonable instruction and policy or may escalate to the point where it can be characterised procedure. as workplace bullying. Reasonable management action carried out in fair manner is not bullying. Risk management for workplace bullying Sometimes, managers and supervisors are required to undertake management actions to effectively direct 1 Identify and assess the risks and control the way that work is carried out and to To manage the risks of workplace bullying, your provide feedback on an employee’s performance. employer should (in consultation with workers) However, these actions should be conducted in a fair and implement systems to identify and assess the risks of reasonable manner. workplace bullying occuring. Factors contributing to risk include: Examples of reasonable management actions • presence of work stressors such as high job demands may include: and limited job control. Organisational change, such as • setting reasonable performance goals, standards and restructuring or significant technological change; role deadlines conflict and ambiguity; job insecurity; an acceptance • rostering and allocating working hours, where the of unreasonable workplace behaviours or lack of requirements are reasonable behavioural standards; and unreasonable expectations of patients, residents and visitors. • transferring a worker for operational reasons • leadership styles including autocratic behaviour informing a worker about unsatisfactory work • that is strict and directive and does not allow workers performance when undertaken in accordance to be involved in decision making; behaviour where with workplace policies or agreements, such as little or no guidance is provided or responsibilities are performance management guidelines inappropriately delegated, and abusive and demeaning • informing a worker about inappropriate behaviour in behaviour that may include inappropriate or derogatory an objective and confidential way language, or malicious criticism and feedback. • deciding not to select a worker for promotion where a • system of work, including a lack of resources; lack reasonable process is followed and documented of training; inappropriate work scheduling, shift work • implementing organisational changes or restructuring and poorly designed rostering; and unreasonable (with consultation) performance measures or timeframes. • termination of employment. • poor workplace relationships such as poor communications; isolation; low level of support; or work group hostility. 2 Controlling the bullying risks Employees should familiarise themselves with their employer’s bullying policy and procedure. If there is no The risk of workplace bullying can be minimised by such policy or procedure, employees should request that creating and promoting a positive work environment these be developed in consultation with HSRs and staff. where everyone is treated fairly and with respect. Risk controls for bullying include things like: Providing information and training on workplace bullying to all workers Implementing sound management practices and effective communication to create a workplace Employers should provide information and training on the environment that discourages bullying and ensures workplace bullying policy and procedures at inductions there is a genuine commitment to not tolerating with new employees and at regular intervals to all staff, bullying behaviours. and emphasise that bullying behaviours will not be tolerated. Training should be tailored to meet the needs This includes developing a code of conduct for of the workers and suit the nature of the workplace. expected standards of behaviour, bullying policies and procedures, recruitment and performance Managers and supervisors should be provided management procedures, and empowering managers with specific training in preventing and managing and supervisors to respond to bullying incidents. workplace bullying. They need to be informed of the bullying policy and procedures, how to enforce it in their work area, how to recognise what is happening, Designing safe systems of work how to respond to allegations with early intervention This includes clearly defining roles and responsibilities and how to prevent further bullying incidents. and seeking feedback from workers, reviewing and monitoring workloads and staffing levels, reducing It is also essential that managers and supervisors have excessive working hours, consulting with staff, appropriate training so that they have the skills to communicating