Understanding Bullying & Harassment (STAFF) Lakes District Health Board 2017

Duty of Care Program Bullying Prevention Series DVD

Learning Objectives Ensuring employees know their rights and responsibilities pertaining to bullying and harassment Provision of procedures and guidelines An increased understanding of what bullying and harassment is An increased understanding of the difference between management direction and bullying and harassment A better knowledge of what to do if you are directly or indirectly involved in the bullying process

Facts Bullying is four times more prevalent than sexual harassment. Verbal abuse is the most common form of workplace bullying. 1 in 3 women and 1 in 6 men in New Zealand report having experienced sexual harassment. For 70% of women, this harassment occurs at work. Staff turnover is estimated to cost employers 50 -150% of a person’s salary. More sexual harassment complaints were made to the Human Rights Commission by employees from small organizations with no sexual harassment policy than by employees from large organizations with policies. Internationally, it is estimated that bullying accounts for 30 -50% of all employee stress related illness

Lakes District Health Board Harassment Procedure (38747) Harassment Workplace harassment is offensive, belittling or threatening behaviour directed at an individual worker or group of workers. Harassment may be based on any of the following grounds: gender, marital status, religious or ethical beliefs, colour, race, ethnic or national origins, disability, age, political opinions, employment status or sexual orientation. Harassment is behaviour that is unwelcome, unsolicited, usually unreciprocated and usually (but not always) repeated. It makes the workplace or association with work unpleasant, humiliating or intimidating for the individual or group targeted by this behaviour. It can make it difficult for effective work to be done. Workplace Bullying Workplace bullying is repeated, unwanted, unwarranted behaviour that a person finds offensive, intimidating and humiliating so as to have a detrimental effect upon a person’s dignity, safety, wellbeing and functionality. Harmful digital communications and cyberbullying and digital harassment is the sending or publishing of threatening offensive material and messages, spreading damaging

  or degrading rumours, publishing invasive or distressing photographs or video’s and harassing and intimidating people. Communications methods include emails, texts, website and blog pages and comments, online forums and social media sites and apps. http://www.justice.govt.nz/policy/criminal-justice/harmful-digital-communications\ Horizontal Violence (amongst peers or within a team) Horizontal violence is hostile and aggressive behaviour by an individual or group members towards another member, or group of members, of the larger group and is closely associated with workplace bullying

Lakes District Health Board Disciplinary Procedure and Rule of Conduct DHB Disciplinary Procedures and Rules of Conduct Every new employee receives the DHB Rules of Conduct booklet (disciplinary procedure) which outlines the standards of performance and conduct expected of them. The document outlines the steps to take when dealing with performance issues, disciplinary process and unacceptable behaviour. Bullying & Harassment is unacceptable behaviour. Lakes District Health Board has a zero tolerance to Bullying and Harassment

Common themes in definitions Directed at a target, often an individual Verbal or physical Repeated, persistent Unreasonable, inappropriate Offensive, abusive, intimidating, malicious, insulting Target – loss of self confidence, threatened, upset, humiliated, vulnerable About power – positional, resources, physical, psychological

Important points to remember Elements of workplace bullying Established pattern of behavior which can victimize, humiliate, undermine, threaten or intimidate another It is not necessarily the behavior itself – it is the impact of behavior that counts

Important points to remember Some examples of workplace bullying Being threatened with violence or dismissal; Constantly changing or setting unrealistic work targets Petty or demeaning work rules, undervaluing a persons work or contribution Constant intrusive surveillance Being isolated at work or work related functions Initiation rites Spreading misinformation and rumors Unfair and excessive criticism Publicly insulting or humiliating others Sabotage of work Yelling and screaming abuse or using foul language

Important points to remember What bullying is not Friendly banter or mutually accepted jokes Consensual relationships The issuing of reasonable instructions The insistence of high standards, especially in respect to safety and team cooperation Legitimate criticism of work performance Workplace bullying is not tough management Workplace bullying is illegitimate behavior, regardless of the situation and does not contribute to what a good employer values and encourages

Important points to remember Who are the victims? There are no stereotypes: it can be work colleagues/peers, managers, a group of people (it can come from a wide range of people) and can run the spectrum of age and competence In precarious or insecure employment i.e. can be a temp or casual in any role within the DHB More likely to have a cooperative and non-confrontational style

Important points to remember Who are the bullies? There are no stereotypes: it can be work colleagues/peers, managers, a group of people (it can come from a wide range of people) and can run the spectrum of age and competence Some bullies are openly hostile Others act quietly using non-verbal means Interfering actions such as withholding information, support, training or equipment Gets others to join them in these actions

Why people bully? Bullies often have low-self esteem or they have been a victim of bullying themselves and they are using bullying as a way of making themselves feel more powerful. Bullies show their weaknesses through their abuse of power. Bullying behaviour may also arise from: poor communication lack of knowledge or skills fear misunderstanding jealousy inability to deal with people who are different to them or whom they do not like or value A lack of comfort with diversity and different styles of working.

Effects of B&H A reduction in staff morale and productivity, caused by isolated, unhappy, distracted and unmotivated staff A potential breakdown in work relationships An unhealthy workplace culture and ongoing conflicts Increased absenteeism Increased staff turnover Increased time spent investigating and dealing with complaints; industrial action

What to do if you are being bullied or have witnessed Bullying or harassment behaviour? Read the policy, understand what Bullying and Harassment is (see Responses to Harassment and workplace Bullying – Flowchart) Self Help Option Informal Intervention (get support) Formal Complaint It is important to: Keep personal records (names, how you felt and what happened) Identify the bully Talk about it (seek out help/ support) Approach the bully (if appropriate to do so/ assess if you can do this) Don’t retaliate (be careful in the process you take/ method you use) Stay where you are (its your job) Make an informal / or formal complaint

What is the law? Summary Employment Relations Act (ERA) Health and Safety in Employment Act (HASE) Human Rights Act (HRA) Personal grievance claim alleging discrimination, sexual or racial harassment, or duress re. union membership Physical or mental harm caused by work-related stress Racial and sexual harassment Victimisation on the basis that someone has made a complaint under the HRA Personal grievance claim alleging unjustifiable constructive dismissal, unjustifiable disadvantage or breach of contract Obligations on an employer under this Act may be used by employee to support claim for constructive dismissal, unjustified disadvantage or breach of contract No employee can be subjected to any ‘detriment’ at work by reason of any of the 13 grounds of discrimination in s.21 of the Act A bullying claim has to be framed around already recognised duties implicit in the employment relationship such as duty to provide a safe workplace or duty of trust and confidence A bullying allegation has to include a claim that the resulting stress is workplace stress A bully may be deemed a ‘hazard’ (a hazard is a situation where a person’s behaviour may be a cause of harm to another person) A bullying allegation has to have a link to one of the 13 grounds of discrimination. Or the allegation has to be because the target is being victimised due to having made a complaint

Responsibilities Employees/Employer Employees have an obligation to bring their concerns to the attention of the employer and advise of the hazard they are facing under s19 of the Health & Safety in Employment Act (HSE) (s19 requires every employee to take all practicable steps to ensure their own safety at work). In addition they must give the employer adequate time and opportunity to address their concerns. (Human Rights Commission, 2007) The Employer has an obligation to act to create a healthy positive workplace where bullying is not tolerated. Once the employer is aware of the existence of bullying behaviour, he/she is required to take affirmative steps to deal with it. That duty extends to situations where the employer ought reasonably to have known about the circumstances in question. It can be very difficult for an employee to raise bullying concerns, for example where the alleged bully is a more senior staff member. Employers can become aware of bullying behaviour in many different ways.

Who to contact for support Your line manager Your service manager Your union representative HR Team Health & Safety Team HR Manager H&S Consultant HR Consultant H&S Adviser HR Consultant

Harassment Procedure (38747) Statement / Purpose / Description: Lakes District Health Board (LDHB) has a moral and legal duty to provide a workplace which is free from harassment. This Procedure refers to all forms of harassment, including sexual and racial harassment, workplace bullying and horizontal violence. The process for dealing with all forms of harassment is the same. Lakes District Health Board (LDHB) has a zero tolerance of harassment in any form, therefore harassment of any type is not acceptable and such behaviour will not be tolerated.

References Duty of Care. DVD Bullying Prevention Series – Employee Awareness and Response Harassment Procedure: Lakes District Health Board (Lakes DHB) Procedure (38747) Bi Partite Focus Group Bullying and Harassment (2009/2010), Lakes DHB Bi Partite Group: (Poster) PSA, Allied Technical, NZNO, MERAS, NZRDA, APEX, LAB, ASMS Equal Employment Opportunities Trust http://www.eeotrust.org.nz/content/docs/information/Bullying%20and%20Harassment%20Factsheet.pdf Human Rights Commission. (2007). How to have a positive and healthy workplace: Preventing and dealing with workplace bullying. Needham, A., Olsen, H., Fitzsimons, M. (2003). Creating a (Workplace) Bully-free zone. HRINZ NZRDA. Workplace Bullying – A guide for resident doctors/first year house officers PSA. Bullying and Harassment Document NZNO. Bullying and Harassment Document

Understanding Bullying & Harassment Lakes District Health Board 2017