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This online course is designed to provide information for Queensland government employees and managers regarding workplace harassment issues and the implementation of effective policies and procedures for dealing with workplace harassment.
There is no formal assessment or exam at the conclusion of this online course. There are however a range of activities and quizzes which you are required to complete as you work through this course to help you better understand all of the issues associated with workplace harassment.
Additional resources in the form of a Glossary and Web Links have been included in this course. These additional resources will assist you in understanding the materials presented or enable you to investigate issues in greater detail. The Glossary and Web links can be accessed from any page within your course materials.
Two versions of this course are available. The content is the same in both courses, with the difference being that one uses multimedia to present the course material whilst the other course relies only on text and graphics. If you opt to study the multimedia course, you will need to ensure that your PC is set up with a range of plug-ins and software.
If you need more information about Workplace Harassment please contact 07 3225 2658
A message from The Minister for Employment, Training & Industrial Relations.
Queensland Public Service employees are entitled to work in a safe, secure and productive work environment, free from workplace harassment.
The Prevention of Workplace Harassment Advisory Standard 2004 is now in effect. The standard is one of the recommendations from the March 2002 Queensland Government Workforce Bullying Taskforce.
The Beattie Government is committed to the standard and has consequently delivered this Workplace Harassment Guide for the Public Service.
This guide provides useful information for both employee and the manager, with advice for staff regarding workplace harassment issues and the implementation of effective policies and procedures. It outlines what Workplace Harassment is, the effects it has on an organisation and its employees and options for dealing with harassment.
The guide has been developed in accordance with the Government’s Putting People and Workplaces First policy.
I encourage the use of this guide to support the provision of safe, secure and productive Queensland Public Service workplaces.
TOM BARTON
Minister for Employment, Training & Industrial Relations
This section deals with the legislative context in which workplace harassment sits. There are 3 major pieces of legislation with which we will be dealing. These are:
The next few pages will give you some background on these, and provide links to the legislative documents.
The Workplace Health and Safety Act (1995) places obligations on employers, workers and other persons to ensure workplace health and safety.
Workplace health and safety is ensured when persons are free from the risk of death, injury or illness created by the workplace, workplace activities or specified high risk plant.
Workplace harassment may harm the health and safety of workers and other persons. Therefore, employers’ obligations include identifying and managing exposure to risks of death injury or illness created by workplace harassment.
A copy of the Workplace Health and Safety Act (1995)may be downloaded from the Office of Parliamentary Counsel web site at http://www.whs.qld.gov.au/whsact/index.htm
The Prevention of Workplace Harassment Advisory Standard 2004 provides practical advice about ways to prevent or manage exposure to the risk of death, injury or illness created by workplace harassment.
The Standard states a definition of workplace harassment which is the agreed definition across the Queensland Public Service.
It outlines practical ways to meet obligations under the Workplace Health and Safety Act (1995)by providing advice on how to:
The Standard forms the basis of the Workplace Harassment Guides for Employees and Managers.
A copy of the Prevention of Workplace Harassment Advisory Standard 2004 may be downloaded from the Department of Industrial Relations web site at www.whs.qld.gov.au
It is important to remember that if there is an adivsory standard about a risk, then you must either do what the standard says or adopt and follow another way that manages exposure to the risk and take reasonable precautions and exercise proper diligence about the risk.
The Public Service Commissioner’s Directive Grievance Resolution (04/03) specifies the action to be taken to resolve public service employees’ grievances.
The Directive outlines:
The Directive clearly states in its principles (see 5.2) “that, wherever possible, grievances are to be resolved locally and informally without the need for formal management under the provisions of this Directive”.
A copy of the Public Service Commissioner’s Directive Grievance Resolution (04/03) may be downloaded from Office of Public Service Merit and Equity at www.opsme.qld.gov.au/directives/index.htm OR Department of Industrial Relations at www.psier.qld.gov.au/direct/index.shtml
Where complaints of workplace harassment are received Workplace Health & Safety Queensland inspectors, on assessing the details, may contact the workplace. An inspector may collect information to assess whether the workplace has systems in place to manage risks of workplace harassment.
The role of inspectors is not to confirm whether workplace harassment has occurred. The inspectors will not adjudicate or mediate between parties at the workplace.
Your union will be able to provide you with professional advice, support and information, will treat any complaint in the strictest of confidentiality and, if required, will be able to represent you throughout any formal processes. The QPSU is the primary union for the Public Sector. However, there are a number of unions with coverage of Public Sector employees. The QCU can advise you of which union covers you.
Phone: (07)3846 2468
Internet: www.qcu.asn.au
The Office of Public Service Merit and Equity (OPSME) issues directives on grievance procedure and hears Fair Treatment Appeals in relation to the Public Service Act 1996 and other relevant legislation for public servants.
According to the definition in the advisory standard, the following situations are not considered to be workplace harassment.
Reasonable Management Actions, taken in a reasonable way
BUT
These behaviours are unlawful. In situations where sexual harassment or discrimination is involved, a complaint may be made to the:
OR
BUT
If the behaviour involves assault or threat of assault, it may become a police matter.
Employees are encouraged to:
Yes! Workplace Harassment can occur more than one way in the workplace.
Workplace harassment can occur between anyone and in any direction within the workplace.
The Prevention of Workplace Harassment Advisory Standard 2004 addresses harassment that comes from a person, who has a connection through the workplace.
This means that a person who has no relationship to the workplace, such as a family member, neighbour or acquaintance cannot be dealt with under this advisory standard.
| Workplace harassment may be perpetrated by- | |
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managers, supervisors or team leaders. |
Workplace harassment can have a significant impact on both employees and the organisation.
There is a range of psychological and physical injuries or illnesses that employees who continue to be exposed to workplace harassment may experience , including:
It makes good business sense to ensure workplace harassment is prevented or controlled. Organisations which do not effectively deal with workplace harassment are at high risk of incurring substantial human and financial costs leading to:
Other direct financial costs can be associated with:
In addition, there may be costs resulting from failure to meet workplace health and safety obligations and expenses associated with civil or criminal action.
Dealing with workplace harassment requires both the employee and the organisation to take action if a satisfactory outcome is to be achieved.
Employers have legal and moral obligations to provide a safe, fair and productive workplaces, and in doing so address issues of workplace harassment.
Obligations and requirements are identified in the:
The employee might take some preliminary actions before seeking advice and support. Preliminary actions can assist in making well informed decisions about resolving workplace harassment issues. Such actions might include:
Ask for an objective assessment of the incident. This should occur on a strictly confidential basis with no expectation that the friend or colleague would act on the information discussed.
In the Queensland Public Sector, employees should reasonably expect that the agency or department has a workplace harassment policy and complaint handling procedures. Check with your manager, supervisor, human resource services area or the organisation’s web site.
The employee may wish to keep a record of the events as they occur but all attempts should be made to resolve the problem as soon as possible through the appropriate methods.
The employee can access advice and support through a number of avenues, but it is important to firstly understand and decide on the outcome being sought. While, in most situations, the outcome being sought is to have the workplace harassment cease, employees may also be seeking legal action or compensation.
Employees may also seek advice, support or representation from external organisations to address the impact of workplace harassment issues. However, it is recommended that employees should firstly discuss options with their harassment contact officer, manager or supervisor before using external organisations.
As well as conducting risk assessments and control measures as part of taking preventative actions, the organisation has a responsibility to provide an effective complaint handling system.
An effective system is based on ensuring managers and other suitable officers such as Harassment Contact Officers, Workplace Health and Safety Officers, Employee Assistance Officers are competent in hearing the complaint and providing the complainant with options and advice so appropriate outcomes can be identified and the workplace harassment issue can be resolved.
Effective complaint handling operates on the basis that as a matter of good business practice, all employees have been provided with information about their rights and responsibilities in relation to workplace harassment.
Part of this information needs to emphasise the importance of employees raising their concerns or issues with their immediate supervisor, manager, Workplace Health and Safety Officer or Workplace Harassment Officers in an informal, confidential manner.
Employees have a right to seek advice on the options available to address complaints of workplace harassment. Supervisors, managers and contact officers need to understand both informal and formal options of complaint resolution to assist the complainant/ enquirer to achieve the outcomes being sought.
Approach the person who has committed the harassing behaviours.
Tell the person directly that their behaviour is offensive and objectionable; and ask them to stop that behaviour.
Sometimes this will cause the behaviour to stop. However it is not an action that some employees who are being harassed are comfortable to take. If this is the case go to option B.
Speak with a contact officer, supervisor or manager
Request that they organise a meeting of the parties.
Ask to have the incident noted, without taking action against the person/s who allegedly committed workplace harassment.
Employees may seek advice from the harassment contact officer but request that no action be taken. While this at least documents an alleged incident which may be referred to at a later date, it is important to note that in not taking any action, the alleged harassment is unlikely to stop. Therefore, the complainant needs to identify the expected measures or actions for that to be achieved.
The supervisor, manager or harassment contact officer must ensure that the complainant understands that
The supervisor, manager or harassment contact officer should set an agreed time to speak with the complainant again to check if the alleged harassing type behaviour has ceased. If the alleged behaviour has not stopped the complainant should be encouraged to reconsider options A and B.
If actions that have been taken at the informal stage were unsuccessful in achieving a satisfactory resolution, complainants may need to make a formal grievance which includes the completion of WHSQ reporting forms.
Formal internal processes at an agency level are most likely to be based on the Public Service Commissioner’s Directive Grievance Resolution (04/03). The Directive applies to Public Service employees employed under the Public Service Act 1996.
The Directive clearly states in its principles (see 5.2) that, wherever possible, a grievance is to be resolved locally and informally without the need for formal intervention of the Public Service Commissioner under the provisions of this Directive.
Both managers and employees have responsibilities within the formal grievance process which are outlined in the Directive.
If the outcome of the formal grievance process is not deemed as an acceptable decision by the complainant, the complainant may seek a Fair Treatment Appeal through the Public Service Commissioner.
The Appeals Directive 06/03 provides for a Fair Treatment Appeal by an officer aggrieved in relation to their individual interests by the action or failure to act.
The Appeals Directive clearly states that an appellant shall satisfy the commissioner that the appellant has sufficiently used the grievance procedure in an attempt to resolve the issues under appeal.
An appellant has sufficiently used the procedures if:
A flowchart has been included in this guide to illustrate the utilisation of both formal and informal resolution processes.
The complainant may approach the manager or another appropriate officer seeking an effective resolution to the harassment issue.
| Complainant |  |
Manager or Contact Officer | |
Agreed Process for Resolution |
The Harassment Contact Officer should:
It is important to ensure non-victimisation of the person reporting workplace harassment and the alleged perpetrator of workplace harassment.
It is important that employers apply the risk management process to prevent or control exposure to the risk of workplace harassment. This process involves:
This process should always be performed in consultation with employees and other relevant officers such as managers and supervisors, Workplace Health and Safety Representatives (WHSRs), Workplace Health and Safety Officers' (WHSOs) ,Workplace Health and Safety (WHS) Committees and employee counsellors. Refer to the Risk Management Advisory Standard 2000 for further information about this process.
Hazard identification is the process of determining the factors that may lead to workplace harassment or have the ability to cause psychiatric or psychological harm to employees. Managers should not assume harassment does not occur in the workplace just because there are no obvious signs of workplace harassment.
Hazards that may cause or contribute to workplace harassment can be identified through:
Employers who identify hazards in the workplace will need to assess the risk of these hazards causing death, injury or illness to a person at the workplace.
There is a range of factors which may increase the risk of workplace harassment occurring. Some of these factors are identified in the advisory standard (see section 7- Assess the risks). However, the presence of these factors does not necessarily mean harassment exists now, but may increase the risk of it occurring, now or in the future.
Employers should keep a record of the risk assessment. Keeping a written record is useful because it provides evidence that the organisation is meeting part of its workplace health and safety obligations, and can help when undertaking future risk assessments.
The risk assessment record should include the:
Where workplace harassment has been identified and assessed to be a risk, employers must put in place control measures to prevent or control this risk.
Preventative measures should be aimed at the source of the risk, and may include a broad organisational response, as well as more targeted initiatives that address symptoms in a specific area.
A strategy aimed at preventing or controlling exposure to the risk of workplace harassment should include:
No single control measure will effectively prevent or control workplace harassment from occurring. It is important these control measures are used together, as part of a broader strategy to prevent or control exposure to the risk of workplace harassment.
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Employers should ensure a workplace harassment prevention policy is developed and implemented in the workplace.
The policy should outline the workplace’s commitment to address harassment and expectations regarding appropriate workplace behaviour.
The policy may be a stand-alone policy, or form part of an existing health and safety policy, or code of conduct for all employees.
Elements of a workplace harassment prevention policy as well an example of a stand-alone policy are provided in the Advisory Standard for the Prevention for Workplace Harassment (2004)
If you already have a prevention policy, then ask if it is: |
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The Human Resource Division should develop and implement a complaint handling system to assist in resolving workplace harassment complaints. (Also see Resolving Workplace Harassment).
Depending on the complexity of the situation there are informal and formal systems of complaint handling. Both systems need to be accessible to employees although e very effort should be made in order to resolve the issue informally.
When developing and implementing your complaint handling system, ensure the principles of natural justice are maintained. These include:
Being unbiased is a crucial aspect of procedural fairness. You should not be biased in your investigation.
Bias can arise in a number of ways:
Effective human resource systems can help prevent or control workplace harassment from occurring.
Ensuring the workplace has performance management processes and open communication systems are two ways you can achieve this.
A part of employer’s obligations under the Workplace Health and Safety Act (1995), is making sure that workers are provided with the appropriate information, instruction, training and supervision to ensure health and safety.
Part of training and education may include:
It is possible that complainants might choose to access the Queensland Industrial Relations Commission. The Commission can hear and determine applications for reinstatement where there are allegations of workplace harassment, including claims of constructive dismissal.
If any Department receives notification of an application to the Industrial Commission concerning a complaint of workplace harassment, the Department should immediately seek advice from an officer of the Industrial and Employee Relations Services Branch of Public Sector Industrial and Employee Relations Division.
Industrial and Employee Relations Division
The objective in establishing a Harassment Contact Officer Network is to facilitate the informal resolution of incidents of harassment by offering means of seeking confidential advice and support.
To carry out their role successfully, Harassment Contact Officers are to be fully supported by management in carrying out their role and given sufficient time to carry out their responsibilities in addition to their normal job requirements.
Those individuals who are appointed to the role of Harassment Contact Officer should exhibit the following characteristics:
The role of the Harassment Contact Officer is to:
Further action by the contact officer would include:
The role of the Harassment Contact Officer is not to:
Congratulations! You have completed the Workplace Harassment online course. You should now be able to:
determine whether a workplace situation is workplace harassment
understand that workplace harassment can occur between anyone and in any direction
identify the effect of workplace harassment on employees
identify the effect of workplace harassment on the organisation
list formal and informal options which can be taken to resolve Workplace Harassment issues
understand that "taking no action" is not regarded as an effective way of dealing with workplace harassment
identify the risk management processes to prevent or control exposure to the risk of workplace harassment
outline what action should be taken if an employee lodges a complaint of workplace harassment to the Queensland Industrial Relations Commission
outline the responsibilities and role of a Harassment Contact Officer
For the purpose of this document, the following terms are consistent with specific legislative and regulatory sources.
ADVISORY STANDARDAn advisory standard that states ways to manage exposure to risks common to industry. If you have a workplace health and safety obligation, and there is an advisory standard about that risk, obligation holders must either –
p2 A copy of the Prevention of Workplace Harassment Advisory Standard 2004 may be downloaded from the Department of Industrial Relations web site at www.whs.qld.gov.au |
HAZARDIs something with the potential to cause harm. This can include substances, plant, work processes and/or other aspects of the work environment. p7 |
PUBLIC SERVICE EMPLOYEEA person is a “public service employee” if the person is employed under the Public Serive Act (1996) as-
s9 |
RACIAL OR RELIGIOUS VILIFICATIONA person must not, by public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race or religion of the person or members of the group. s124A |
RISKIs the likelihood that death, injury or illness might result because of the hazard. |
SEXUAL HARASSMENTSexual harassment happens if a person –
and the person engaging in the conduct described in paragraphs (a), (b), (c) or (d) does so –
s119 |
UNLAWFUL DISCRIMINATIONAccording to the Anti-Discrimination Act (1991) , in general terms, discrimination is any practice that makes distinctions between individuals or groups so as to disadvantage some and advantage others. |
VICTIMISATIONVictimisation happens if a person (the “respondent”) does an act, or threatens to do an act, to the detriment of another person (the “complainant”) –
s130 |
WORKPLACE HARASSMENTAn employee is subject to workplace harassment if the employee 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 the person that –
S1.1 |